Child Poverty

Justin Tomlinson Excerpts

Tuesday 15th September 2015 Westminster Hall

[Chris Evans (Islwyn) (Lab/Co-op)]

It is a pleasure to serve under your chairmanship, Mr Howarth. I congratulate the hon. Member for East Renfrewshire (Kirsten Oswald) on securing this timely debate. I enjoyed listening to the contributions of the hon. Members for Lanark and Hamilton East (Angela Crawley), for Inverness, Nairn, Badenoch and Strathspey (Drew Hendry), for Strangford (Jim Shannon) and for Airdrie and Shotts (Neil Gray). The passion that has been shown on this subject shows that Scotland and Northern Ireland are well served by those Members. I feel sorry for the Minister, as he is surrounded by the Celtic fringe, somewhat.

[The Parliamentary Under-Secretary of State for Disabled People (Justin Tomlinson)]

What about Manchester?

[Chris Evans]

We will let you get away with that.

Child poverty is an age-old problem. Writers such as Charles Dickens, in the 19th century, J.B. Priestley, whose “An Inspector Calls” was recently adapted by the BBC, and the great socialist George Orwell have all chronicled poverty and its effects throughout the years. Yet however much great literary works and great authors have covered the scourge of poverty in all its forms, the problem has still not been solved.

Poverty at its extreme affects the two most vulnerable groups of people in society, the very old, who often have to make the choice between heating and eating, and the very young. We have heard many statistics, but for so many people across the country, in constituencies we have already heard from, in Scotland, in the north—including Manchester—and in Wales, poverty is a way of life. Extreme poverty means young people go to school hungry, not having been able to eat breakfast that morning. They do not have the equipment they need to gain the skills to succeed. Very often, they will return to substandard accommodation that is damp, and they will become ill. They have failed before they have even begun.

The sad fact is that, despite all the campaigns throughout the 19th and 20th centuries, poverty still comes down to one thing: someone born into poverty will probably die in poverty. As in the time of the great writers I mentioned, the challenge for society is to end poverty in all its forms.

I do not believe that people become politicians—come to the House of Commons or, indeed, go into Government—to oversee an increase in poverty, but that is what we have seen from this Government. If we look at the figures after housing costs have been taken into account, over 27% of children in my south Wales constituency are living in poverty. Across Wales, one fifth of all children grow up poor. In the UK—the fifth richest country in the world—more than 4 million children are living in poverty. None of their parents wants things to stay the same; they want to provide more for their families. Not one of them does not want to escape the tiring, punishing reality of being poor.

It is no good, however, simply setting out the challenge we face, which other Members have eloquently described. Anyone who cares about our country’s future and our constituents’ lives must now seek solutions, because it falls to this generation to eliminate poverty in all its forms.

The problem cannot be solved by simply throwing more money at it. That has been tried, and we still see poverty on a scale we cannot imagine. The Joseph Rowntree Foundation report “What will it take to end child poverty?” stated:

“Ending child poverty is only partly about transferring money to poor households. A long-term solution must involve much more, tackling the root causes of poverty and in particular giving families opportunities that help them gain greater control of their own lives.”

We can do that only if people work. We can have all the Government schemes we want, but the best way to end poverty is to have working households. While people are stuck—dependent on the welfare system—they will never have control over their own destiny or the ability to break their family out of poverty. They will suffer poverty of money and, yes, poverty of ambition.

The Joseph Rowntree Foundation states that truly tackling child poverty will require us to provide considerable personal support to people who are likely to face a combination of disadvantages in terms of entering the labour market. We can overcome those disadvantages, but only with targeted, personalised and localised support. That cannot be done just through existing public sector structures. Instead, there needs to be a partnership between public bodies, private bodies and, above all, local communities. We must harness the financial power of the Government, the innovation of the private sector and people’s knowledge of their own lives and communities—the people who know what is best for communities are those who live in them. We must put in place strategies that reach the poorest, the hardest to help and the most disadvantaged.

The last Labour Government made great strides with a public sector approach, but the world has moved on. The challenges in 2015 are not the same as they were in 1997.

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[The Parliamentary Under-Secretary of State for Disabled People (Justin Tomlinson)]

I congratulate the shadow Minister, the hon. Member for Stretford and Urmston (Kate Green), on her promotion. She is widely respected and it is well deserved; I wish her the best of luck in her new role.

I congratulate the hon. Member for East Renfrewshire (Kirsten Oswald) on securing this important debate. There have been several excellent speeches from right across the Chamber, and I will do my best to cover as many of the points made as I can. I am also grateful that I have slightly longer than four minutes to speak—which was how long I had to respond to the last debate I had here in Westminster Hall.

There is clearly a lot of passion and real determination among hon. Members. We disagree on how the aim should be achieved, but I think there is a shared consensus that more needs to be done and that this issue is incredibly important. I speak as an individual who went to a school at the bottom of the league tables, back in my home town. My father passed away at an early age. I absolutely understand the importance of this issue, and I stress that I think we all share that determination, even if we perhaps see different ways to achieve that aim.

Before I focus on the UK, I will pick up on the point made by the hon. Member for Glasgow North (Patrick Grady). I was very proud to serve as the chair of the all-party parliamentary group on global education for all. I was the warm-up act before the former Prime Minister stepped in and significantly increased the group’s profile, but I did that role for about 18 months, and I was very proud to do so.

I also congratulate the hon. Member for Islwyn (Chris Evans) on his speech. I have contributed in a number of debates in which he has spoken, and I am always impressed with his pragmatic, proactive approach. I absolutely echo his points about needing to look at local, individual solutions. That does him real credit; he is easily one of the most articulate speakers, and I was pleased that he was able to sneak in with his speech.

Our Government are committed to working to eliminate child poverty and improving children’s life chances. Our new approach is focused on transforming lives through tackling the root causes of child poverty, rather than through just focusing on the symptoms. Our new life chances measures will drive real action on work and education which will make the biggest difference to disadvantaged children now and in the future. That is crucial. The point was raised that too often, all Governments in the past have looked at short-term solutions, and the reality is that to break the cycle, there have to be long-term, sustainable solutions. We are taking action and looking at family breakdown, problem debt, addiction and ways to transform lives to ensure that all children get the best start in life, regardless of the circumstances that they find themselves in.

On work and poverty, the Government believe that work is the best route out of poverty. Children in workless families are around three times as likely to be in poverty as those in which at least one parent works. The “Child poverty transitions” report published in June found that nearly three quarters of poor workless families who found full-time employment escaped poverty. The report also found that the highest poverty exit rate—75%—was for children living in families who went from part-time to full-time employment. By 2010, after over a decade of welfare spending increases, one in five households had nobody in work. Frankly, that was shameful.

[Chris Evans]

Last July, I had a Westminster Hall debate in which I talked about what I felt was the ineffectiveness of Jobcentre Plus. Will the Minister accept that there is a serious problem with Jobcentre Plus actually getting long-term unemployed people back into work? What usually happens is that people find jobs through it, and within eight months, they are back on welfare benefits and out of work. What does the Minister believe is the cure for that problem?

[Justin Tomlinson]

I thank the hon. Gentleman for that intervention. That is a fair point. At the moment, we are seeing about 1% a month coming off the ESA benefit. It is a poor success rate and we would expect far better. In his speech, the hon. Gentleman was bang on, in that we need to have localised individual responses. We need better support and to have more businesses signing up to provide those opportunities. We are looking to reform that and are in consultation. I spent much of the summer with my Minister for Disabled People hat on, doing visits and looking at the best ways that that can be done in the changes. Given the record of 1% a month coming off that benefit, and with people often then slipping back in, it is incredibly important to address that looping effect.

The wider issue is a tragedy for each and every family, because families in which no one works lose their sense of self-worth.

[Drew Hendry]

From the Minister’s words, I am sure that he, personally, very much wants to see a long-term solution to the problem, but he mentioned a long-term ambition. Does he not accept that by not having a short and medium-term option for people in work at the moment, they will be punished and pushed further into poverty by the removal of those working tax credits, particularly in constituencies such as mine, where there is relatively low unemployment but very low wages?

[Justin Tomlinson]

I will address that later, so please be patient for a little bit longer.

Children grow up without the aspiration to achieve. They become almost certain to repeat the difficult lives of their parents, following a path from dependency to despondency, rather than to independence. At the beginning of my remarks, I talked about my background. That is what drove me into politics. We all have our calling, our passions and our priorities. That very much was what drove me into politics. As I said, I think we all share the same end goal; there is just disagreement on how we would look to achieve it.

On our record on worklessness and poverty, I highlight that many hon. Members have referred to the IFS statistics throughout the debate. I sound a strong note of caution on that. The statistics have been wrong every single year since 2011, and in the summer, they were half a million out, so I attach a big note of caution to the predictions and doom-mongering.

[Kate Green]

The Minister will know that one of the reasons why there may have been a discrepancy between the IFS prediction and the out-turn is to do with the use of survey data and different datasets. Does he agree that there is no doubt at all that the accumulation of measures announced in the summer Budget will increase child poverty, perhaps by many hundreds of thousands of pounds? They cannot fail to, because they will make working families worse off.

[Justin Tomlinson]

I thank the shadow Minister, but I am afraid we disagree on that, and I am setting out why I think that is not going to be the case.

Despite a huge increase in spending, by 2010, the number of households where no member ever worked nearly doubled, in-work poverty rose and the Labour Government missed their own 2010 child poverty target by 600,000 children. Compare that with our record. During the previous Parliament, we turned around Labour’s legacy of worklessness. There are now 2 million more people in work. To put that in context, it is more than the figure for the whole of Europe put together. We have the fastest growing major economy.

[Jim Shannon]

I have to follow on from what the shadow Minister said. The changes in tax credits will, according to Barnardo’s and other charities, push another 180,000 children into poverty in Northern Ireland alone. Those facts are coming from charities as well.

[Justin Tomlinson]

I thank the hon. Gentleman for his intervention, but again I plead with hon. Members to be patient; I am coming to those points.

There are now 800,000 fewer people in relative poverty, including 300,000 children. Compared with the second quarter of 2014, there are 50,000 fewer households where no one has ever worked. And importantly, the number of children living in workless households has fallen by 390,000 since 2010 and is now at a record low.

On the specific point about in-work poverty—that theme was followed in the majority of speeches and is important—the figure for relative low income in work is now 200,000 lower than the peak in 2008-09. However, we all recognise that more needs to be done. Wages are rising faster than inflation. That is on the back of having a strong economy. Everything that we do must be underlined by a strong economy. We talk about austerity, but without taking the difficult decisions, we would not now have a strong economy. We have only to look at our neighbours in Europe to see the consequences of not having a strong economy.

We have increased income tax thresholds year on year. We have now taken the lowest 3.8 million earners out of paying any income tax at all. We have set a commitment to raise the allowance to £12,500, and once we reach that point, we will link that to wages going forward, so the lowest earners will never be dragged back into paying income tax. We have set out our ambitious plans for the national living wage. That will make a huge difference. People are forgetting that the impact will not be just on those who get an immediate pay rise, which I think is about 2.6 million people. There will be a ripple effect that could impact on more than 6 million, according to some predictions. Also, the introduction of universal credit will remove the barriers preventing people from increasing their hours. As I mentioned, the biggest improvement is for those people who go from part time to full time. The benefits system was putting in artificial barriers, preventing people from increasing their hours. Universal credit will give people the flexibility steadily to increase their hours where they wish to do so.

We want to build on that progress, which is why we are bringing forward our new life chance measures. The Welfare Reform and Work Bill introduces a new duty to report annually on worklessness and educational attainment in England. We have chosen those measures because the evidence tells us that those factors have the biggest impact on child poverty and children’s life chances, and that is what matters. We want legislation to drive action that makes the biggest difference in the lives of our children. The worklessness measures will identify the proportion of children living in workless households and of children in long-term workless households. The educational attainment measures will focus on GCSE attainment for all pupils and for disadvantaged pupils. We will develop a range of other measures and indicators of root causes of child poverty, including family breakdown, problem debt and addiction, and set those out in our life chances strategy. As my right hon. Friend the Secretary of State has made clear, we will continue to publish low-income statistics annually, as part of the “Households Below Average Income” publication.

We should be focused on those pathways to poverty, not moving people around an arbitrary income line. As the right hon. Member for Birkenhead (Frank Field) put it,

“raising everybody above a set percentage of median income is rather like asking a cat to catch its own tail.”

Focusing on work and education will drive real action, which will make the biggest difference to children’s lives now and in the future.

Education is key to transforming children’s futures. Good English and maths skills are key to improving children’s future life chances. Nearly two thirds of men and three quarters of women with low literacy never receive promotion and are locked into their starting income.

[Neil Gray]

I would appreciate it if the Minister could advise how children attending school hungry are expected to achieve good educational standards.

[Justin Tomlinson]

I thank the hon. Gentleman for that point. Again, I will cover it as I progress.

Part of our commitment to social justice is the determination to ensure that every child is given an education that allows them to realise their potential. That is why we are raising standards with a vigorous new curriculum, world-class exams and a new accountability system that rewards those schools that help every child to achieve their best. Crucially, we introduced the pupil premium in the previous Parliament—it is worth £2.5 billion in 2015-16—to improve the life chances of disadvantaged pupils, and we have invested £50 million in the early years pupil premium to support disadvantaged three and four-year-olds.

Let me address issues such as children coming to school hungry when their parents have not been able to provide food—are not in a position to do so. I look at a lot of innovative schools that have provided food across the board. The school that was initially the worst-rated school in my constituency is now the highest rated. It used the pupil premium innovatively to provide food across the board, for all pupils. It recognised that that was a particular challenge and that if it did not solve that problem, what hope was there that pupils could concentrate and progress in the work environment?

[Neil Gray]

Will the Minister give way again?

[Justin Tomlinson]

This will have to be the last intervention because we are getting tight on time.

[Neil Gray]

Are we not taking this in a back-to-front way? Why should the schools be expected to provide that food when the parents themselves are unable to do so? Surely we need to address the income levels of the parents to ensure that they can provide for their children.

[Justin Tomlinson]

That is where we agree. We disagree just on how to get to that point. Government Members believe that work and educational attainment are the best way to provide the opportunity to break that cycle.

There are the wider education reforms, about which I have been very passionate. In the previous Parliament, we saw 2 million new apprenticeships. That figure is rising to 3 million new apprenticeships. We have had the introduction of university technical colleges, giving young people the real, workplace-based skills that will provide the best opportunity to get into work. We have also had the introduction of the national citizen scheme. I have seen year after year the increasing number of young people who are being transformed and who are then in a strong position to step into good careers.

The hon. Member for Strangford (Jim Shannon) talked about sport. I have long said that our schools, between 4 and 6 o’clock, should be opening up to provide free use of their facilities to community groups to provide sporting opportunities. Sport helped me not to follow the path of two of my colleagues at school, who went to serve at Her Majesty’s pleasure, although when I told my school that I had got elected to Parliament, the head did say that he was not sure which was worse!

I will turn to Scotland, because I recognise that most of today’s speakers were from Scotland. The Scottish Government have the power to address child poverty through action in areas such as health, education, housing, employability and childcare. Following our proposals in the Welfare Reform and Work Bill, they also have the freedom to choose what approach to take and how to act on, measure and report on life chances and child poverty, in line with the substantial areas of policy devolved to them. The UK Government are already giving Scotland through the Scotland Bill significant new taxation and welfare powers, including £2.5 billion-worth of new welfare powers and responsibility for raising more than 50% of what it spends. We will work closely with the devolved Administrations as the Welfare Reform and Work Bill proceeds and are open to reflecting their preferences regarding their jurisdictions in the legislation. We will take a keen interest in how that develops. In England, local authorities are being encouraged to come to the Government with their own innovative proposals, and we will always consider opportunities for further devolution.

In conclusion, our approach will ensure that tackling the root causes of child poverty and improving future life chances become central parts of our business as a one-nation Government. We will focus on transforming children’s lives by extending opportunity for all, so that both they and their children in turn can escape from the cycle of poverty and improve their life chances. Our new approach will drive real action, which will make the biggest difference to children now and in the future.

Oral Answers to Questions

Justin Tomlinson Excerpts

Monday 7th September 2015 Commons Chamber

[Paul Scully (Sutton and Cheam) (Con)]

11. What steps he is taking to help people with mental health conditions into work.

[The Parliamentary Under-Secretary of State for Work and Pensions (Justin Tomlinson)]

Across Government we are investing over £40 million in a range of voluntary pilots to explore the most promising and evidence-based approaches to improving the employment prospects of people with mental health conditions. The Access to Work mental health support service also offers support to individuals with a mental health condition who are absent from work or finding work difficult.

[Paul Scully]

Sutton Mental Health Foundation does excellent work in this field. Does my hon. Friend agree that, as well as helping unemployed people into work, it is important to help employed people who develop mental health conditions to remain in work, wherever possible? What are the Government doing to help businesses in this situation, in particular small and medium-sized enterprises, which do not have large HR departments?

[Justin Tomlinson]

As one who has employed someone with a mental health condition, I know the importance of keeping people in work. People with mental health conditions account for 20% of long-term absentees, so in December 2014 we launched the Fit for Work scheme, which helps to tackle sickness absence by providing an occupational health assessment and health and work advice to employees and, crucially, employers. That is particularly important to the smaller businesses that provide 47% of private sector jobs. Also, through the Access to Work scheme, our dedicated team of advisers have helped record numbers of people—more than 1,600 last year.

[Mrs Madeleine Moon (Bridgend) (Lab)]

A joint report from the Methodists, Baptists and United Reformed Churches points out that 100 people with mental health problems are sanctioned every day. Every one of those sanctions reduces the confidence of a person with mental health issues and their hope that they can ever get back into work. Will the Minister look at what is happening with those sanctions? They are destroying confidence, not helping at all.

[Justin Tomlinson]

Over the past year, sanctions fell by 40%. Jobseekers are only asked to meet reasonable requirements, taking into account their circumstances and capability, including mental health conditions, disability and caring responsibilities. Sanctions are not imposed if a jobseeker has good reason for failing to meet those requirements. Also, jobseekers can always ask for decisions to be reconsidered by an independent panel.

[Stephen Metcalfe (South Basildon and East Thurrock) (Con)]

15. What estimate he has made of the number of people who have been in full-time employment in the last 12 months.

--- Later in debate ---

[Mike Wood (Dudley South) (Con)]

T2. Despite being diagnosed with neuromyelitis optica mid-way through her degree course, my constituent Amy Green successfully completed her course and now hopes to set up her own business. What support is available for people with disabilities who want to start their own business?

[The Parliamentary Under-Secretary of State for Work and Pensions (Justin Tomlinson)]

As someone who ran my own business for 10 years, I wish my hon. Friend’s constituent the very best of luck. The Government have helped over 28,000 people through the new enterprise allowance, and through the Access to Work scheme specific training and specialist support can be provided to people with disabilities.

[Margaret Greenwood (Wirral West) (Lab)]

T6. When is the Minister’s Department going to publish a full analysis of the impact of the Welfare Reform and Work Bill on the proportion of children living in child poverty as defined by the Child Poverty Act 2010?

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[Craig Williams (Cardiff North) (Con)]

With Wales nearly certain to qualify for the European championship, what efforts are being made to improve disabled spectators’ facilities in football stadiums?

[Justin Tomlinson]

I think the whole House will join me in wishing Wales the very best of luck in qualifying for their first final since 1958. They are nearly there. As somebody who is very passionate about sport, I regularly meet the Minister for sport, my hon. Friend the Member for Chatham and Aylesford (Tracey Crouch). We are putting a lot of pressure on both the Premier League and the Football Association. Disabled people should have the right to enjoy sport in the same way as everyone else.

[Danny Kinahan (South Antrim) (UUP)]

As it seems that there may finally be movement towards addressing welfare in Northern Ireland, has the Minister considered how best to address one of the core legacy issues from the troubles—that of mental health?

Draft Health and Safety at Work etc. act 1974 (General duties of self-employed persons) (Prescribed Undertakings) Regulations 2015

Justin Tomlinson Excerpts

Tuesday 21st July 2015 General Committees

[The Parliamentary Under-Secretary of State for Work and Pensions (Justin Tomlinson)]

I beg to move,

That the Committee has considered the draft Health and Safety at Work etc. Act 1974 (General Duties of Self-Employed Persons) (Prescribed Undertakings) Regulations 2015.

It is a pleasure to serve under your chairmanship, Mrs Moon. The regulations were laid before both Houses on 22 June 2015. Section 1 of the Deregulation Act 2015 gives the Secretary of State the power to make regulations that limit the scope of section 3(2) of the Health and Safety at Work etc. Act 1974 so that only those self-employed people who conduct an undertaking of a prescribed description will continue to have a duty under the provision.

The regulations will retain duties for all self-employed persons who conduct specified high-risk work activities or might expose others to risks to their health or safety. I am satisfied that the instrument is compatible with the European convention on human rights.

In 2011, the Government commissioned Professor Löfstedt, director of King’s Centre for Risk Management, to conduct an independent review of health and safety regulations. One of his recommendations was to exempt from health and safety law self-employed people whose work activities pose no potential risk of harm to others. The Government accepted that recommendation and asked the Health and Safety Executive to draw up proposals for changing the law.

Currently, section 3(2) of the 1974 Act imposes a general duty on self-employed people to protect themselves and others from risks to their health and safety, regardless of the type of activity they are undertaking. The proposed change to the law was included in clause 1 of the Deregulation Bill, to ensure that only self-employed who conduct an

“undertaking of a prescribed description”

will continue to have a duty.

The underlying policy is that self-employed people will retain duties under section 3(2) only if their undertaking involves carrying out an activity that is specified in the regulations. It was intended that the regulations would consist of a short, concise list of activities. The proposed policy was subject to two public consultations and debated in Parliament. The Government carefully considered the consultation responses and listened to respondents’ concerns during the debates in both Houses. The clause was amended on Report in the House of Lords to ensure that self-employed people whose work poses a risk to others’ health and safety remain subject to the law. Those amended regulations are now subject to scrutiny by both Houses of Parliament. The Deregulation Bill received Royal Assent on 26 March 2015.

The regulations have been drafted to ensure that self-employed people still have a duty under the law where they carry out high-risk activities that create risks to themselves or others. That is intended to include the most common activities carried out by the self-employed that statistically result in high numbers of fatalities and injuries. Such an approach puts beyond doubt that these self-employed people will not be exempt from health and safety law, irrespective of what they do. Work activities in agriculture, on the railways or involving gas and asbestos are therefore included.

The regulations also include any EU requirements that impose a specific duty on someone who is self-employed to protect themselves from risks to their own health and safety, bringing in work with genetically-modified organisms and self-employed people who work on construction sites. Crucially, there is still a catch-all provision in the regulations to include self-employed people who carry out an undertaking that may expose others to health and safety risks.

Finally, the Government acknowledge that the self-employed will need some help to understand this change, in order to limit the possibility of people incorrectly assessing whether their work activities might expose others to risk. The Health and Safety Executive will therefore produce guidance to support the regulations and signpost existing guidance that explains in practical terms what people need to do to comply with health and safety legislation. I commend the regulations to the Committee.

--- Later in debate ---

[Justin Tomlinson]

I thank the shadow Minister for his characteristically thoughtful and assured speech, in which he raised important points. I am delighted to hear about Barbara Castle’s involvement. She was my mother’s MP, so that bodes well.

The right hon. Gentleman is absolutely right to highlight the importance of the long-term fall in injuries. The driver for that is not the £4.7 million, but ensuring that the perception of health and safety exists so that the workplace is made safer and businesses engage. As a former self-employed person in a relatively small office, I know that things are a lot harder for a small business than for companies with big human resources departments that are skilled and well-trained in such areas.

On why the list is not more exhaustive, those occupations listed were the ones that were deemed to involve high risk, and that therefore were high profile, but the crucial catch-all proviso remains. It is vital that we encourage wider engagement, and I have already done a huge amount of work with the HSE board. If we look at all the statistics over recent years, there has been good progress in how much businesses are engaging and their seeing that it is beneficial to do so, but the change will clarify where there is no risk and no duty, thus helping to reduce the perception that health and safety law is inappropriately applied, which was turning businesses off from engaging and helping to maintain a safe workplace.

As I said, it is not the £4.7 million that, in the grand scheme of things, will make a huge difference, but 1.7 million self-employed people. The Government consider that the proposal will encourage an increase in self-employment and boost economic growth by removing negative perceptions about health and safety law in circumstances in which there is a low risk of harm, which we would all welcome.

The shadow Minister rightly highlighted the need to ensure that people are aware of the changes and guidelines. Once the changes have been agreed by Parliament, the Health and Safety Executive will implement an extensive communications plan to publicise them. Every effort will be made to ensure that self-employed workers are aware of the changes and that they can easily understand how those changes affect them. That is especially the case for those to whom the law will continue to apply. As I have said, in recent years there has been a complete transformation in the documents and communications provided by the HSE, which has been well received by the business community, but the self-employed will not be exempt from the Health and Safety at Work etc. Act 1974, only from section 3(2). Other sections will still apply even if someone is exempt from section 3(2), so this is not a complete wipe-away of any responsibility.

The right hon. Gentleman asked who is responsible if the wrong conclusion is reached. It is the duty of the self-employed person to understand that the law applies to them, and liability will not be based on a subjective understanding.

[Stephen Timms]

That is the point that troubles me most and I do not really understand that answer. The old position was that one was subject to the law, so the position was clear. Under the regulations, a person will be subject to the law if they pose a risk to someone else. I do not understand how somebody can make a sound assessment of whether, as a self-employed person, they pose a risk to somebody else.

[Justin Tomlinson]

Businesses have to make such decisions day after day. For example, they have to decide if they are subject to VAT conditions if they are in an industry in which certain products are VAT-able and others are not. A self-employed bookkeeper working at home who does not invite the public into their home would clearly be exempt according to the guidelines. If someone is coming into contact with the public and doing work that might pose a risk, they will be covered. That is why the guidelines will be produced, and self-employed people will make a judgment. It is estimated that approximately 1 million people will still be subject to health and safety law as they fall into those high-risk activities listed on the schedule.

Question put and agreed to.

Office for Nuclear Regulation

Justin Tomlinson Excerpts

Wednesday 15th July 2015 Written Statements

[The Parliamentary Under-Secretary of State for Work and Pensions (Justin Tomlinson)]

Later today I will lay copies of the Office for Nuclear Regulation’s annual plan for 2015-16 and the Office for Nuclear Regulation’s strategy 2015-20 before this House, both are un-numbered Act papers.

Having consulted the Secretary of State for Energy and Climate Change who is accountable for civil nuclear security and the Office for Nuclear Regulation, I can confirm, in accordance with schedule 7, section 25(3) of the Energy Act 2013, that there have been no exclusions to either of the published documents on the grounds of national security.

[HCWS106]

Independent Living Fund

Justin Tomlinson Excerpts

Wednesday 8th July 2015 Westminster Hall

[The Parliamentary Under-Secretary of State for Work and Pensions (Justin Tomlinson)]

It is a pleasure to serve under your chairmanship, Mr Howarth. I thank the hon. Member for Scunthorpe (Nic Dakin) for calling this debate. It is of great interest to a number of people.

I recognise the valuable role that the independent living fund has played in enabling severely disabled people to live independently over the last 27 years. The ILF was created in 1988 as a transitional arrangement to mitigate the impact of the end of domestic assistance allowances when supplementary benefit was replaced with income support. The fund was established for a maximum of five years as a charitable trust to make payments to people on low incomes who had to pay for personal care. It was expected to support about 300 people. At that time, there was no clear legal provision for local authorities to make such payments.

The original ILF charitable trust ran until 1992, when it was closed to new applications. A new extension fund was created in 1993 to receive new applicants, and the two funds ran in parallel until 2007, when they were amalgamated. Following a trustee decision temporarily to cease taking new applications, the fund was closed to new users permanently in December 2010.

The decision to close the ILF completely, which was announced in a written ministerial statement on 6 March 2014, followed careful consideration of the implications of a Court of Appeal judgment handed down in November 2013. The decision was based on new evidence and a new equality analysis, and reflected those changes.

I understand and acknowledge the depth of the concern shared by many former ILF users about its closure and the impact of that. It was incredibly important to the users. Human nature does not like change, but when it is something so important to someone’s independence, I absolutely get the strength of feeling. However, it was no longer appropriate to continue to fund care and support needs through a discretionary trust operating outside the mainstream system. The mainstream adult social care system has undergone radical changes since the ILF was established. The introduction of the Care Act 2014 in England means that the key features of ILF support, which contributed to its success—personalisation, inclusion, choice and control—are now part of the mainstream adult social care system. Broadly similar legislation has already been introduced in Scotland and will come into force in Wales during 2015-16.

Local authorities themselves have a statutory duty to assess and fund the eligible care needs of disabled people, and 94% of all former ILF users already received a local authority contribution to their care and support. Transferring full responsibility for adult care and support to local authorities ensures that the needs of all disabled people will be met within a single care and support system, thereby simplifying arrangements.

[Nic Dakin]

The Minister is right to draw attention to the fact that many users have received support from the local authority and the ILF. One reason why they are very concerned is that the ILF’s approach has been, they tell me, very enabling—allowing them to do things—whereas the approach of local authorities over the years has been very much to try to save money and to push them backwards. That is one of the cultural things as well as real things that is adding to the alarm that they feel at the moment.

[Justin Tomlinson]

I thank the hon. Gentleman for that intervention. I understand that point. I will come on to the funding that we have passported over, but I understand the point about the change in the system. I was surprised that the figure was as high as 94%. There is that point about change, but the vast majority already had some contribution from the local authority at that point.

At the point of closure, there were 16,000 users of the ILF, compared with 1.3 million users of adult social care in England alone. Transferring full responsibility for ILF users and amalgamating the funding with adult social care will ensure that support for disabled people is delivered consistently and effectively. As I said, the decision to close the ILF, announced in a written ministerial statement, followed careful consideration of the implications of a Court of Appeal judgment handed down in November 2013.

The current position is that the ILF closed on 30 June and full funding for the remainder of the financial year has been transferred to local authorities in England and the devolved Administrations in Scotland and Wales. Local authorities in England now take full responsibility for former ILF users living here. I believe that local communities are best placed to make decisions about how to use funding to support members of their community and that local authorities should have the flexibility to decide how best to provide funding and support at local level.

Scotland and Wales have also now taken full responsibility for the care and support of former ILF users living there. Scotland has decided to create a new organisation to manage the transferred funding for former users, and in Wales the funding has transferred to local authorities to administer while the Welsh Government decide what course of action to take in the longer term. Northern Ireland has always funded support for ILF users living there and continues to do so, but it has asked the Scottish Government to administer this funding on its behalf.

As part of the 2013 spending review, it was announced that local authorities in England and the devolved Administrations in Scotland and Wales would be fully funded in 2015-16 to meet their additional responsibilities towards former ILF users. A total of £262 million has been made available for ILF users in 2015-16. That amount was based on very accurate forecasts by the ILF and is the same amount that would have been available had the ILF remained open.

Since the ILF was closed to new applicants in 2010, the number of users has reduced year on year, meaning that spending has also decreased. Funding for 2015-16 reflects projected reductions in the number of users between 2014-15 and 2015-16. It is therefore not a cut in the level of available funding.

Funding has been distributed among England, Scotland and Wales in a way that reflects expenditure patterns at the point of closure, with funding in England being allocated to individual local authorities on the same basis. Before its closure, the ILF provided each local authority in England with detailed schedules setting out the allocated funding at individual level, ensuring that every authority has received accurate information about the level of support previously provided to each user by the ILF. Final analysis from the ILF shows that the funding allocated to local authorities in England will be sufficient to ensure that existing commitments to former ILF users can be paid in full for the remainder of the year.

[Nic Dakin]

I thank the Minister for his description of what has happened. Will he take steps to make sure that the funding, which he has said is definitely there, reaches ILF users?

[Justin Tomlinson]

I am coming to that. I am just setting the background, after which I will talk about the action that is being taken.

The potential implications of closing the ILF were set out in the equality analysis in very clear terms, focusing on the likely impact of the proposed policy on those with a protected characteristic and concentrating on assessing the impact of closure on people with the protected characteristic of disability and, in particular, users of the ILF. The equality analysis considered a worst-case scenario, even if it was not certain that it would happen, separately under each limb of the public sector equality duty.

In addition, we have made a commitment, as part of the equality analysis, to monitor the impact of the closure of the ILF on former users. I believe that that will be welcomed by all. A sample of former ILF users have already agreed to take part, and we have started planning the research, which will be completed before the end of the 2015-16 financial year.

Before the closure of the ILF, the Government worked closely with the ILF in partnership with ILF users, local authorities in England and the devolved Administrations to ensure that they benefited from a programme of extensive transitional support. As part of that support, all former ILF users received a detailed support plan setting out the level of support and the outcomes secured under their ILF award.

The information was shared with local authorities, and the devolved Governments all had access to the data transferred to them prior to closure. In addition, the ILF engaged directly with all authorities involved in the transfer of user care and support in 2015, and it held a series of conferences in October 2014 to provide local authorities with up-to-date information. One-to-one discussions were held with all 151 local authorities at those events. Similar events were held in Wales, and the ILF has worked closely with the Scottish Government to ensure a smooth transfer for all users across Great Britain.

The Department and I have worked closely with the Department of Health, the ILF and interested parties, including a number of significant stakeholder groups, to develop additional guidance for local authorities. We did so in recognition of the fact that, as has been highlighted, not all local authorities immediately displayed full confidence in the arrangements. That included points raised in earlier debates on the subject, which is why we developed additional guidance to ensure that we were prepared for the transfer of former ILF recipients to sole local authority care, underpinned by a new chapter in the Care Act 2014 statutory guidance. That will help to inform local authorities in the transfer of former ILF users to the adult social care system in England.

I have recently written to my counterparts in the Department of Health and the Department for Communities and Local Government, as well as to the Chief Secretary to the Treasury, because I want to ensure that the needs of all former ILF users continue to be taken into account. I have received assurances from the Department of Health and DCLG that future funding for former ILF users will be considered at the next spending review. It may be helpful to highlight the positive remarks of the Chancellor during the election, which are formally on record.

In addition, DCLG has written to each local authority that has former ILF users to draw attention to the agreed code of practice, which will be supported by the new guidance. In the meetings and conversations I have had with the Departments, it has been clear that they absolutely understand that and there is collective support for it. Ongoing support from my officials and me will continue, to ensure that we monitor what is happening and keep a close eye on the situation.

[Stephen Twigg (Liverpool, West Derby) (Lab/Co-op)]

I am encouraged by what the Minister has just said. My constituent, Laurence Clark, received support from the ILF. Liverpool City Council has picked up that support, so he knows he has it until the spring of next year. He has asked me to raise his concern about what would happen were that funding not to continue beyond April 2016. He says that it is crucial to his ability to live independently and, in particular, his ability to go to work.

[Justin Tomlinson]

We all have constituents who would echo those words, which is why we are working closely with the Departments.

[Nic Dakin]

The Minister is being generous in giving way yet again. It is clear to me that constituents are anxious because they do not know what will happen in the future. Can anything be done to give people greater longevity of certainty—more than just one year?

--- Later in debate ---

[Justin Tomlinson]

That is something that the devolved Governments and individual local authorities will consider. We trust local communities to shape the best services. I served for 10 years as a local councillor, and I remember the frustration caused when Governments did not allow flexibility. Each of the constituencies that we represent is very different. Each has different challenges, opportunities and ways of working with other agencies. We will have to look, over the next few months, to see what will happen.

[Graham Jones (Hyndburn) (Lab)]

The Minister is being generous with his time. I apologise, Mr Howarth, for not catching the beginning of the debate.

My constituent, Paul Taylforth, is in the limbo position of not knowing what will happen next year. I have written exhaustively to Lancashire County Council on the matter, but there has been a lack of clarity from that authority on what its position will be next year. That brings great insecurity, worry and concern to Paul, because the person he looks after needs a lot of care and it is important to him that he has a future.

[Justin Tomlinson]

We all recognise the anxiety and the worry of our constituents. Because the feedback we received demonstrated that, we reiterated what local authorities and the devolved Governments needed to do, reissued the guidance and tightened things up. It is fair to say, however, that of those who have had personal visits to set out their personal plans—and to provide reassurance, because they were going through a big change—97% were satisfied and responded positively.

[Graham Jones]

rose—

[Justin Tomlinson]

I will take one last intervention.

[Graham Jones]

I am very grateful. Lancashire is indecisive at the moment. What advice, regulations or guidance would the Minister give Lancashire to provide clarity to Paul and his family, and to all the other recipients of ILF? The county’s indecision is causing that anxiety.

[Justin Tomlinson]

The best advice I can give is to say that if the hon. Gentleman wants to share that individual experience with me, we can jointly contact the local authority and ask it to take personal measures to investigate the situation.

To conclude the debate, I thank all hon. Members for their contributions. We are discussing an incredibly important issue. I have set out the closure of the ILF in the context of the significant changes in adult social care over the lifetime of the organisation, including the measures in the Care Act 2014 that promote greater independence and increase choice and control for all disabled people. I should like to acknowledge the extensive contribution that the ILF has made to the provision of high-quality independent living support for disabled people. I am happy to report that lessons learned by the ILF over the past 27 years have been captured in its publication “twenty-seven”, which is available to everyone on the gov.uk website.

Finally, I reiterate that I and my counterparts in the Department of Health and DCLG will continue to work together to ensure that former ILF users and all disabled people are given choice and control over how their care and support are provided, to allow them to live full and independent lives.

Question put and agreed to.

Resolved,

That this House has considered the effect on recipients of the transfer of the Independent Living Fund to local authorities.

Welfare Reform (People with Disabilities)

Justin Tomlinson Excerpts

Tuesday 30th June 2015 Westminster Hall

[Nick Thomas-Symonds (Torfaen) (Lab)]

It is a pleasure to serve under your chairmanship, Sir Roger. I congratulate my hon. Friend the Member for Oldham East and Saddleworth (Debbie Abrahams) on securing this important debate. I know she feels strongly about the subject.

The Budget speech given by the Chancellor of the Exchequer on 18 March set out that there would be £12 billion of welfare cuts by 2017-18, yet since then there has been the general election campaign, numerous Prime Minister’s questions, Department of Work and Pensions questions and Treasury questions and we still have no definitive answers on where the cuts will fall. Indeed, on 22 June, the Minister was asked directly by my hon. Friend the Member for Bolsover (Mr Skinner) whether he would rule out cutting the benefits of any disabled person over this Parliament, but all the Minister gave in answer was:

“We are clear that we will protect the disabled and vulnerable.”—[Official Report, 22 June 2015; Vol. 597, c. 600.]

This area needs definitive answers. With the uncertainty, a number of possibilities are regularly mooted for the Chancellor’s next Budget, such as restrictions to carer’s allowance and to the contributory element of employment and support allowance, as well as taxing disability living allowance, personal independence payments and attendance allowance. All those things would have an enormous impact on the weekly incomes of the most vulnerable people in our society.

Since the election, I have had some of the most vulnerable people in our society—the disabled—coming to my constituency surgeries extremely worried about what may happen in this Parliament. That includes people with mental health problems and people who have been disabled since childhood.

[The Parliamentary Under-Secretary of State for Work and Pensions (Justin Tomlinson)]

indicated dissent.

[Nick Thomas-Symonds]

The Minister shakes his head, but he is welcome to come to my surgeries and hear what is said to me, because that is where the firm evidence is. Take, for example, the specific worries of sufferers of long-term conditions such as Parkinson’s disease. Those in receipt of long-term disability living allowance will soon be starting a reassessment, yet the mobility criterion has been reduced to 20 metres. Parkinson’s is a fluctuating condition, so they are extremely worried about losing the wheelchairs and scooters from which they may benefit, for example. Similarly, there are Parkinson’s sufferers in the work-related activity group. The nature of that group is about going back to work, but the condition is degenerative. Does the Minister not accept that the uncertainty created since the Chancellor’s Budget has been a source of worry and great anxiety to those in our society in receipt of benefits? I can only urge him to make representations to the Chancellor to at least come clean in the Budget on 8 July on precisely what will happen.

--- Later in debate ---

[The Parliamentary Under-Secretary of State for Work and Pensions (Justin Tomlinson)]

It is a pleasure to serve under you, Sir Roger. I have a limited amount of time, but I will do my best to address as many of the points made as I can—I do not have a set speech. If I run out of time, we will send further information.

I congratulate the hon. Member for Oldham East and Saddleworth (Debbie Abrahams) on calling the debate. She is a long-standing campaigner in this area, and that does shape what we do. She covered many things, but she can always come and see me face to face to run through some of them—my door is open and she has a huge amount of experience. I picked up the point about language. That is not something that I recognise as a Minister, but if there are examples that the hon. Lady wishes to bring to my attention, she should please do so.

[Mr Anderson]

Will the Minister give way?

[Justin Tomlinson]

I have only four minutes in which to respond, so that is what I have to do.

On the disability employment gap, in the past 12 months, an extra 238,000 people got into work, which is 650 a day, an increase of 2.4%, which is the biggest in the past decade. We are committed to halving the disability employment gap—it is about a further 1 million. That is a key priority.

Scope’s Extra Costs Commission report was fantastic. I have already met with Scope’s chief executive to look at different ways to support it—for example, this morning I was at the Inclusive Technology Prize competition. Clever people are coming up with ways to improve access in people’s everyday lives to the sorts of things—

[Debbie Abrahams]

Will the Minister give way?

[Justin Tomlinson]

Honestly, I would like to, but I cannot.

The amount of money spent on disabilities actually increased by £2 billion over the last Parliament, and DLA and PIP are uprated in line with inflation. Access to Work was also mentioned in the debate, and numbers increased to 35,500 last year, which is up 4,000. It is demand-led. We are always looking to promote that, which is where the Disability Confident campaign comes in, in particular by highlighting Access to Work to small businesses, which provide 45% of private sector jobs and are not always aware of things. I know from meeting the Federation of Small Businesses that that is felt to be important.

I hear the concerns about sanctions, which were expressed by more than one Member. They are a last resort and we are looking continually at how they are operating. Even the Oakley review stated that sanctions were

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

and we accepted 17 of its recommendations to improve the process. I am happy to provide details on those 17 points.

[Debbie Abrahams]

rose—

[Justin Tomlinson]

I know that the hon. Lady wishes to come in, but time is tight.

On the point about George, universal credit will help, in that different disabilities can have different impacts from week to week. That would therefore allow somebody to maintain a certain income, and where they work extra, they have an income on that. We will be publishing them the mortality stats—I know the hon. Lady is keen to see them soon; we would all like to see them as soon as possible.

The hon. Member for Bridgend (Mrs Moon) kindly made her points in a debate two weeks ago and has agreed to meet with me on Thursday, with Parkinson’s UK and the Motor Neurone Disease Association. I am grateful for that. It will be an opportunity to discuss all the points made today. With regards to terminally ill people, we are processing things within six days and 99% are being awarded. I understand the points made about the DS1500 form. GPs are not comfortable doing it. We are talking to the Department of Health about that, so we can expand on that from the meeting.

My hon. Friend the Member for Enfield, Southgate (Mr Burrowes) again took a reasoned and proactive approach. A lot of stakeholders echo the words that were used—[Interruption.] The hon. Lady should not panic; I am coming to that.

I understand what the hon. Member for Torfaen (Nick Thomas-Symonds) was saying about the frustration, but I am afraid that this happens with every single Budget, whoever the Government are. There is always uncertainty before the Budget. I am no different to anyone else present—we are not the Chancellor. What I do know, however, is what underpins his reform. We will continue to support disabled and vulnerable people. We are providing a strong welfare net for those in need and we will always ensure that work pays. The hon. Gentleman is a strong voice and I would be keen to continue to work with him, in particular on issues arising from surgeries or personal experience.

My hon. Friend the Member for North Devon (Peter Heaton-Jones) and I have shared experience of employing people with mental health conditions. The Government have spent £42 million on a series of pilots that provide group work, telephone support and face-to-face individual support. In the Budget earlier this year, we put in for direct purchase of support, to bring it about much quicker. Through the Access to Work scheme, that can provide help for people within work, and there is a 92% success rate.

Office of Nuclear Regulation ( Annual Report and Accounts)

Justin Tomlinson Excerpts

Monday 29th June 2015 Written Statements

[The Parliamentary Under-Secretary of State for Work and Pensions (Justin Tomlinson)]

Later today the Office for Nuclear Regulation’s annual report and accounts for 2014-2015 (HC 164) will be published. Having consulted the Secretary of State for Energy and Climate Change who is accountable for nuclear security and the Office for Nuclear Regulation, I can confirm, in accordance with Schedule 7, Section 25(3) of the Energy Act 2013, that there have been no exclusions to the published document on the grounds of national security.

[HCWS63]

Personal Independence Payments

Justin Tomlinson Excerpts

Thursday 25th June 2015 Written Statements

[The Parliamentary Under-Secretary of State for Work and Pensions (Justin Tomlinson)]

Personal Independence Payment (PIP) is a major reform which is transforming the way we support disabled people to live independently.

PIP replaces the outdated Disability Living Allowance (DLA). PIP focuses support on those who need it most and, unlike DLA, a significant majority of claimants will have a face-to-face assessment as part of the application process. It is a more dynamic benefit with regular reviews to check entitlement remains correct—payments can increase as well as decrease—whereas 70% of those receiving DLA were on indefinite awards. And PIP is a more modern benefit which takes better account of mental health conditions.

I now intend to roll out the final phase of this vital reform, that of the reassessment of all remaining people on DLA for PIP. We have already rolled out PIP across GB for new claimants and for individuals who choose to claim PIP or whose circumstances change or where their DLA award comes to an end, including for children when they reach 16.

My original intention was to start this final phase in October 2015 GB wide. In May departmental statistics confirmed that average reassessment claims for PIP were waiting only four weeks from returning their PIP forms until an assessment, which is in line with our expectations. This improved performance means I am pleased to announce that we are now in a position to begin the final phase in July, initially at small volumes and in a limited number of areas. We recognise that this will result in some claimants being invited to reassessment earlier than they might have expected. But by operating at a smaller scale initially, this will enable us to monitor the system closely in small volumes to ensure an efficient reassessment process is in place.

It will also provide us with an opportunity to test key parts of the PIP process, such as the way in which we communicate with claimants. This is in line with the previous Government’s response to recommendations in the independent review of PIP carried out by Paul Gray in December 2014. My priority remains safe and secure delivery of PIP and we will use evidence from this early roll-out to ensure we are continuously improving the way in which we deliver PIP, offering the best claimant experience possible.

[HCWS59]

Oral Answers to Questions

Justin Tomlinson Excerpts

Monday 22nd June 2015 Commons Chamber

[Julian Knight (Solihull) (Con)]

1. What assessment he has made of the effects of automatic enrolment on private sector pension saving.

[The Parliamentary Under-Secretary of State for Work and Pensions (Justin Tomlinson)]

More than 5.2 million workers have been automatically enrolled in a workplace pension by their employer to date. Since the start of automatic enrolment, workplace pension membership in the private sector has risen from 32% in 2012 to 49% in 2014, a very positive start.

[Julian Knight]

With 135,000 firms set to auto-enrol their employees from January, does my hon. Friend agree that the work of non-governmental groups such as the Solihull-based Chartered Institute of Payroll Professionals is key to the successful delivery of auto-enrolment and to meeting the savings challenge of 11 million Britons who are currently failing to put enough away for their retirement?

[Justin Tomlinson]

Our success to date in implementing automatic enrolment could not have been achieved without the significant ongoing support of a number of sectors, including the pensions and payroll industries. Friends of automatic enrolment have played a crucial role in bringing together organisations that are playing a key role in its delivery. Together they have helped the Government improve the process of automatic enrolment and ensure that these reforms work. We thank them for their support so far and their commitment to continuing to work with us as we start the process of helping 1.3 million smaller employers implement automatic enrolment for their workers.

[Andrew Gwynne (Denton and Reddish) (Lab)]

But will the Minister advise the House of his estimate of the number of workers who are excluded from the benefit of auto-enrolment because of the changes in the threshold over the past five years, and of what proportion of those workers are women?

[Justin Tomlinson]

The Secretary of State is required by law to review the automatic enrolment thresholds in each tax year and may take into account a range of prescribed factors. The review can include considering whether to lower or increase the thresholds or leave them unchanged, as was the case for the current tax year. Freezing the trigger for this tax year will result in approximately 14,000 additional women and 20,000 people overall being brought into pension savings. On the hon. Gentleman’s specific point, I am happy to write to him with further information.

[Nigel Mills (Amber Valley) (Con)]

18. I welcome the Minister to his post.One way of boosting auto-enrolment further would be to ensure that people were more confident when they came to access their savings that they had the full range of choices that the law now allows. What more can the Minister do to encourage pension funds to offer that full range at an affordable and fair price?

[Justin Tomlinson]

I am encouraged by the fact that 91% of people who have already been auto-enrolled have continued to save, which is a welcome step and above initial expectations. We will continue to work with the Treasury, the Financial Conduct Authority and the Pensions Regulator to ensure that flexibilities, information and charges are all delivering for the consumer.

[Ian Blackford (Ross, Skye and Lochaber) (SNP)]

When it comes to the reforms that the Government are putting through, particularly on pension freedoms, we are mindful of the attractions of consumer choice but also of all the mis-selling scandals of the past. What assurances can the Minister give that all defined-contribution plan holders will get appropriate advice and that consumers will be adequately protected? It is not clear to us that the appropriate measures are in place.

[Justin Tomlinson]

As I said in response to the previous question, we will work with the Treasury, the FCA and the Pensions Regulator to monitor that closely. We have also brought in a 0.75% cap on charges, which in time will allow an extra £200 million to remain in pension savings.

[Mr Speaker]

I call Adrian Bailey. Not here.

--- Later in debate ---

[Nigel Adams (Selby and Ainsty) (Con)]

12. What progress his Department has made on the Disability Confident campaign.

[The Parliamentary Under-Secretary of State for Work and Pensions (Justin Tomlinson)]

The Disability Confident campaign continues to play a crucial role in the Government’s aim of halving the disability gap. It has secured support from 360 employers and pledges from 98 organisations to positively change employment practices towards disabled staff. Many colleagues are hosting constituency events, including my hon. Friend the Member for Selby and Ainsty (Nigel Adams) who did so last week.

[Chloe Smith]

Norwich for Jobs, the youth employment campaign that I founded in Norwich, has hit its goal of helping to halve youth unemployment. We want to turn the power of that local network towards helping young people who are claiming employment and support allowance. Will the Minister join me in calling on Norwich companies to give a young disabled person a chance?

[Justin Tomlinson]

I am delighted to hear of the success my hon. Friend has achieved in her constituency with Norwich for Jobs. That is exactly the kind of local initiative that I welcome, and to which I am pleased to add my support. In addition, I hope that her local authority, local enterprise partnership and business community will do all they can to help to promote that fantastic scheme.

[Nigel Adams]

Will the Minister join me in thanking all the employers and speakers who contributed to my first Disability Confident conference in Selby a couple of weeks ago? It was an extremely worthwhile event to organise. Many of those employers will join me for my fifth jobs fair in October. I was particularly pleased because we had a bit of stardust at the event—Pamela Uddin, the star of the BBC’s “The Apprentice”, shared her experiences of coping with dyslexia.

[Justin Tomlinson]

I am aware of the very successful event my hon. Friend organised. I congratulate him on the quality of the speakers he secured—it certainly shows that he is no apprentice. We need employers to see that recruiting and retaining disabled people should be the norm, and that disabled people have a great deal to offer in the workplace. Events such as the Selby summit play a crucial part in our drive to get employers involved.

[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

Does the Minister agree that an almost hidden element of disability is autism? It is a barrier to so many people gaining employment and a full and confident life.

[Justin Tomlinson]

I have met stakeholder groups, and that message has been made very clear to me. In fact, 42% of disabled people looking for work say that the biggest barrier they face is the attitude of their employer. Through such campaigns as Disability Confident, we hope to inspire more businesses to take on more people with disabilities. We rejoice in the fact that, over the past 12 months, an extra 238,000 disabled people were in work.

[Grahame M. Morris (Easington) (Lab)]

What support is the Minister offering to specialist and locally based employment organisations such as Northern Rights in my constituency and the East Durham Employability Trust? They have a proven track record of supporting disabled people and people with multiple barriers into work, but have frequently found it very difficult to access funding from the Department for Work and Pensions.

[Justin Tomlinson]

Again, having met with stakeholders, I can say that local initiatives are clearly key. Each of our individual constituencies has different challenges and opportunities. Part of the Disability Confident campaign is sharing best practice. I would be keen to hear more of the good work going on in the hon. Gentleman’s constituency.

[Dr Tania Mathias (Twickenham) (Con)]

As part of the Disability Confident campaign, will the Minister work with organisations such as United Response, which does excellent work in my constituency with people who have learning difficulties such as autism, which the hon. Member for Huddersfield (Mr Sheerman) mentioned, so that people with learning difficulties go into every kind of job and all public service? Some are councillors. I want more people with learning difficulties to put themselves forward to be councillors and Members of Parliament.

[Justin Tomlinson]

That is why we launched the Disability Confident campaign and why we will continue to drive it forward. I met Liz Sayce of Disability Rights UK. She made it very clear to me: she said that, too often, disabled people are seen as recipients when they want to be net contributors. Local initiatives, sharing best practice, busting the myths and ensuring that people see what a huge amount of talent is available will continue to help to drive up disability employment rates.

[Alan Brown (Kilmarnock and Loudoun) (SNP)]

5. What assessment he has made of the implications for his Department of the High Court ruling in June 2015 on delays in personal independence payments.

[The Parliamentary Under-Secretary of State for Work and Pensions (Justin Tomlinson)]

We have taken decisive action to speed up waiting times for personal independence payment claims and are pleased that the Court has recognised the huge progress made. The average new PIP claimant now waits only five weeks for an assessment.

[Alan Brown]

Currently, delays to people receiving PIP causes problems, but the impact of delays on other benefits such as the carer’s allowance and blue badges is hugely significant. Although the Government have made progress, will the Minister advise us as to what the backlog is in terms of numbers, and how many people wait more than seven weeks?

[Justin Tomlinson]

It is important to recognise that other benefits are backdated. We have made huge progress. The backlog has been falling month on month since August 2014, and we are now within where we would expect to be as part of usual business. We are looking at a median time, end to end, of 11 weeks. We will continue to monitor that important issue closely.

[Mr Philip Hollobone (Kettering) (Con)]

May I draw the Minister’s attention to a letter I received from a constituent last week? He says:

“I was recently contacted by DWP to be assessed for PIP…I sent the forms off and within 3 days had a medical assessment at my home…I have to tell you that the process from start to finish was 3 weeks. Is this a record?...Whilst we read a lot in the media I think my recent experience shows the system may at last be improving.”

[Justin Tomlinson]

I thank my hon. Friend for that. Claims are now cleared at four times the rate they were in January 2014. We have quadrupled the number of healthcare professionals, introduced more than 200 new assessment rooms, doubled the number of DWP decision-making staff, and improved IT systems and claimant communication. I am delighted that my hon. Friend’s constituent has benefited from those improvements.

[Dr Eilidh Whiteford (Banff and Buchan) (SNP)]

I welcome the new Ministers to their roles.

The recent High Court ruling found that the delays to PIP were unreasonable and unlawful. They are also undermining the well-being and dignity of sick and disabled people. I know that I am not the only Member who has seen constituents affected not just by inordinate delays, but by poor quality assessments, driving them into hardship and destitution. The High Court ruling should have been a wake-up call for Ministers, but they seem to be refusing to accept that PIP is just not fit for purpose. In the light of that damning judgment, will they halt the roll-out of PIP and initiate a review as a matter of urgency?

[Justin Tomlinson]

Actually, the Court and the Paul Gray review agreed that there were no inherent failings in the system, and significant improvements have been made, which I have already listed. The reality is that some cases were unacceptable, but we must not forget why we introduced PIP. It is a modern benefit that allows thorough face-to-face assessments and will ultimately see a higher proportion of maximum value paid, compared with the old disability living allowance system. We are continuing to make improvements and I will keep a close eye on the issue.

[Dr Whiteford]

I am disappointed by the Minister’s complacency. Earlier this year, Citizens Advice Scotland published research showing that 55% of current DLA claimants will lose out in the transfer to PIP. It is not just sick and disabled people who will suffer—[Interruption.] I am sorry; I thought you were cutting me off, Mr Speaker. The Scottish Government estimate that 450 carers in Scotland will lose their carer’s allowance because of this transition. That will put further strain on families that are already at a disadvantage—

[Justin Tomlinson]

I am afraid that I do not share the hon. Lady’s views. PIP is a far better system than the former DLA. Under DLA, only 6% of people had a face-to-face assessment, 50% of awards were made with no medical advice, and 71% were allocated lifetime awards, even though one in three cases would change within 12 months—often getting worse, so that people missed out on the appropriate support. We are right to push this and I will continue to keep a close eye on the improvements we have made.

[Peter Heaton-Jones (North Devon) (Con)]

I warmly welcome the Minister to his post.

My constituency has many isolated rural and coastal communities. What is being done to ensure that assessment centres are more accessible and flexible for people in those communities?

[Justin Tomlinson]

I thank my hon. Friend for that question: he is a real champion for his constituents. We have added an extra 200 assessment rooms. People who find it difficult to reach an assessment room can travel by car as long as it is within 60 minutes; by public transport if it is within 90 minutes; or, by prior agreement with the assessment providers, they can have taxis provided and paid for.

[Mr Dennis Skinner (Bolsover) (Lab)]

What a difference a weekend makes. On Saturday, thousands of disabled people marched in protest against cuts in their benefits. The Minister comes here today, trotting out his sunshine stories, while in the real world disabled people are losing benefits left, right and centre. He can remedy that today by saying, “This Government will not cut the benefits of any disabled person throughout this Parliament.” Come on, say it!

[Justin Tomlinson]

We are clear that we will protect the disabled and vulnerable. Let us remember that under the PIP system 22% of claimants will end up getting the highest rate of support, which is higher than the 16% under the DLA. We are doing more to help the most vulnerable in society.

[Stephen Metcalfe (South Basildon and East Thurrock) (Con)]

6. What support his Department is providing to young people seeking apprenticeships and employment.

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[The Parliamentary Under-Secretary of State for Work and Pensions (Justin Tomlinson)]

I thank my hon. Friend for highlighting such excellent local initiatives. In my earlier answers I stressed how important that is. Last year we saw an increase of 238,000 disabled people in work. The employment rate is now 46.3%—up 2.1% from last year—and our Disability Confident campaign will continue to share best practice and signpost further help for local businesses.

[Marie Rimmer (St Helens South and Whiston) (Lab)]

T5. Following the shameful failure of the Front-Bench team once again to answer a question today, may I ask again why the Government are refusing to publish—even though the Information Commissioner has instructed them to do so—the up-to-date statistics relating to the number of people who have died, having been found fit for work at their face-to-face assessment?

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[Justin Tomlinson]

Without having the full details of that case, I cannot comment, but if the hon. Gentleman provided further information I would be happy to look into it. He should remember, however, that under the PIP process 22% of people would be expected to get the highest rate of support as against only 16% under DLA.

[Fiona Bruce (Congleton) (Con)]

Does the Secretary of State agree that family breakdown is a driver of child poverty as well as many other issues such as addiction, obesity and self-harm, at a cost of almost £50 billion a year, and that therefore investment in strengthening couple relationships, as well as parent-child relationships, makes economic sense as well as being a matter of social justice?

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[Tom Pursglove (Corby) (Con)]

This weekend I had a discussion about the difficulties that those suffering from mental health conditions face when trying to access support, specifically in relation to budgeting. What support is available, particularly in the most difficult cases?

[Justin Tomlinson]

I thank my hon. Friend for highlighting the issue of mental health conditions, which is a particular priority for us. Through the Access to Work scheme, we have introduced a lot more measures to increase support and provision for those trying to get into work and while they are in work. That is partly why 35,000 people benefited from that scheme last year, up by 4,000 on the previous year.

[Greg Mulholland (Leeds North West) (LD)]

Six-year-old Ellie Mae Brownnutt tragically died on 8 May from Batten disease; her brother Caleb also suffers from the condition. The parents of children with Batten disease still have to fill in forms for DLA every three years, even though there is no cure and, sadly, death is inevitable. Some conditions are exempt from that requirement and some are not. Will the Minister meet me, representatives of the Batten Disease Family Association and people affected by other degenerative conditions to discuss how this situation can be changed?

[Justin Tomlinson]

I thank the hon. Gentleman for raising that issue—I know he has been a real champion for the cause. I am happy to meet him, but he should remember that the reason we do reassessments, where appropriate, is that sometimes conditions get worse and support for them will therefore increase. We would not want people to miss out, as they did under DLA.

[David Mowat (Warrington South) (Con)]

Earlier, the Minister pointed out that we have brought in a 0.75% cap on private pensions that are subject to auto-enrolment. That is excellent news. However, there is also abusive behaviour more widely in the industry. Do we expect that cap to be extended to non-auto-enrolled pensions?

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[Helen Whately (Faversham and Mid Kent) (Con)]

People with mental health problems can find it incredibly difficult to get a job and stay in employment. What are the Government doing to help?

[Justin Tomlinson]

That issue is being picked up through the Access to Work scheme. The changes we have made recognise the challenges for people with mental health conditions both while they are in work and with maintaining work. I formerly employed someone with a mental health condition, so I know what a valuable contribution such people can make, often needing only small changes and bits of support.

[Several hon. Members]

rose—

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[Mr Speaker]

The Minister could put an answer in the Library of the House, which might be quicker.

[Justin Tomlinson]

I totally agree with my hon. Friend. Thirteen MPs have already held events in their constituencies. We can all play a vital role in promoting opportunities for the wealth of talent that is available and willing to go into work.

[Mr Speaker]

Last but not least, I call Peter Grant.

Personal Independence Payment Applications

Justin Tomlinson Excerpts

Wednesday 17th June 2015 Westminster Hall

[The Parliamentary Under-Secretary of State for Work and Pensions (Justin Tomlinson)]

It is an absolute pleasure to serve under your chairmanship, Mr Davies, especially as you were the first to invite me to come on an official visit to a constituency. I am very much looking forward to it, but we will wait to see whether I will be invited a second time. The tone and the constructive and proactive nature of the debate are a real credit to Members. It is such an important subject, and Members gave a lot of first-hand experiences that will help shape how I take things forward, and I am grateful for that.

In the limited time I have, I will try to respond to as many of the points that were made as I can. If I have missed something, I will follow up on it after the debate. The debate is a credit to my hon. Friend the Member for Beverley and Holderness (Graham Stuart), who is widely respected for standing up for his constituents. He faces the challenges of representing a rural community, and he has done it a good service today. I am delighted that the particular cases that were highlighted at the beginning of his contribution have, we believe, been resolved. It was absolutely right, however, to highlight the principle.

This is my first debate as the Minister for disabled people. As a Conservative, I am very proud that, when William Hague was the Minister, we introduced the Disability Discrimination Act 1995. We have made a clear commitment to halving the disability employment gap, which we would all welcome and support. It is a role where I know I can make a tangible difference. I have already spent a huge amount of time engaging and working with stakeholders, and I have made numerous visits.

During my five years as a constituency MP, I have done a huge amount with local organisations, charities and businesses acting in that area, and the one big thing that I get when I talk to people is that they are enthused about opportunity, and in particular about the opportunity to work. Only this morning, I met Liz Sayce of Disability Rights UK. She said that disabled people are too often seen as recipients when all they want is to be net contributors. That was brought home to me when I went to the fantastic charity Whizz-Kidz. I met the Kidz Board ambassadors, George Fielding, who is the chair, and Kayleigh Miller. George is a politics student, and he knows more about politics than all of us. He will come to take our jobs before too long. They made it clear that they want a focus that gives them the same opportunities that their friends enjoy in going to work. They both have fantastic career prospects. As a former employer who has employed people with disabilities, I would snap them up without hesitation.

It is important to reflect why we are doing what we are doing. There was a real need for reform. DLA was too often a crude, blunt instrument in providing support. Only 6% of claimants had a face-to-face assessment. Some 50% were assessed without any medical evidence and 71% of people were given an indefinite award, yet one in three will have their circumstances change within 12 months. It could be that their circumstances got worse and they were not getting appropriate support. The system needed to be changed. PIP considers how impairment affects a person’s life, rather than labelling individuals on the basis of their impairment. It rightly recognises that every disability is unique.

Through the face-to-face assessment, there is an opportunity to articulate individual challenges that cannot be done purely on a paper-based form, and in my visits, it has been repeated to me how important that is. Trained healthcare professionals can tease out exactly what support is needed. I have sat through an assessment in my constituency of Swindon. Those professionals do it in a fantastic manner and try to be supportive. I understand that people are nervous, and I am keen to see a lot more videos put online so that people can see in advance what to expect. That is an important message that has come forward today, and I want to see more work on that. Crucially, the system will pick up on such things as mental health conditions and learning disabilities, which it was felt that the paper-based system simply did not pick up on, and there is broad stakeholder support for that. For the most vulnerable people who need the most support, 22% of people who go through the system will expect to get the highest rate of support. Under DLA, that was only 16%.

Members have rightly highlighted that there have been delays, and in some cases that is clearly unacceptable. However, a huge amount of work has been done by the Department, the providers, my predecessor and me. I am having two or three meetings a day on PIP, and am beginning to dream about it. The headline is that we have quadrupled the number of healthcare professionals. I went to Cardiff to sit through a claimant’s entire journey, and I will continue to look closely to try to find ways to improve that process. We have over 200 more assessment rooms. We have doubled the number of DWP staff. In the initial stages, productivity levels for decision makers was at about four cases a day; it is now up to about eight a day, which is making a big difference. The IT systems have been improved and are a lot more reliable, which was greatly welcomed by the staff in Cardiff at a question and answer session I attended. There are also more prompts in the system, so if the same things are being written repeatedly, that will be picked up. Again, that improves productivity.

On communications, letters are being improved to remind people of the types of evidence they need to bring in so that the system flows more smoothly for them. We are being proactive: when people are sent forms to fill in we would expect them to be returned within 28 days. If after 20 days we have not heard anything, the system automatically triggers two telephone call reminders, as well as a letter, and we are now looking at text messaging. We are trying to be proactive, and that is making a big difference. We are clearing the backlog. Since August 2014, every month, month on month, we have seen cases being cleared. Between January and April this year, we cleared about 71,000 claims a month, against an average of 52,000 new claims a month coming into the system. That is four times the rate in January 2014.

[Neil Gray]

I welcome the Minister to his post. I appreciate the statistics he is rolling out, but they do not reflect the comments that I hear from my constituents. There are concerns that the delays will continue. In that vein, will he consider supporting the devolution of all welfare powers to the Scottish Parliament through the Scotland Bill? That would be supported by Enable Scotland and Inclusion Scotland. Will he also consider delaying the roll-out of PIP until that process is complete?

[Justin Tomlinson]

My job is to continue with the roll-out. Greater minds than mine are continuing the discussions, and it may well be that welfare powers will be devolved, but we will leave it to the greater minds that represent us both to decide that.

Average claimant waiting time has been reduced by around three quarters since June 2014, so we are now looking at a new claimant waiting just five weeks for an assessment, with reassessments down to four weeks. Crucially, the median time for the whole journey, end to end, is now 11 weeks, which is a considerable improvement. Having cleared significant amounts of the backlog, we expect to be operating as “business as usual”. That is very welcome. The end-to-end time for terminally ill people, which was highlighted, is now down to six days, with 99% of claimants awarded.

I am conscious of time, so will try to rattle through—

[Peter Heaton-Jones (North Devon) (Con)]

Will the Minister give way?

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[Justin Tomlinson]

I am afraid I will not because I have only a very short amount of time.

We have made sure that legacy cases are a priority, but they are unique and complex. Often, the cases brought to me are not black and white. We have to recognise that everyone’s application is unique and the medical evidence is complicated. Sometimes, people choose to reschedule their appointments themselves. Sometimes, people chose to fail to attend; are in hospital, which makes face-to-face assessments difficult; or are in prison. Nevertheless, we are making it a priority to clear any legacy cases.

My hon. Friend the Member for Beverley and Holderness is a strong voice for his constituents and he rightly highlighted the need to tackle delays. We have demonstrated that we are making good progress, but I will continue to keep a close eye on that. We are looking at rural coverage and have increased the number of assessments. Currently, the rule is that people should be within 60 minutes’ travel in a car, which most people are, or within 90 minutes by public transport. I know that there are challenges in rural constituencies, particularly in Hull. I think my hon. Friend the Member for North Devon (Peter Heaton-Jones) would have raised that point, and an excellent one it would have been too. People can get face-to-face assessments, they can ask for a taxi, and all travel costs are refunded, so there should be no reason not to come out.

I am conscious of the time, but I want to pick up on some of the points that Members made. I will correspond on any that I miss. My hon. Friend the Member for The Cotswolds (Geoffrey Clifton-Brown) has a very proactive approach. I have visited the centre in Swindon that we share, and I am encouraged. The hon. Member for Workington (Sue Hayman) made a good point about language, and I would be happy to discuss further any areas we can improve, but it is important to remember that carer’s allowance is backdated.

In answer to the hon. Member for Oldham East and Saddleworth (Debbie Abrahams), yes, we have strictly applied service credits, and rightly so. Appointments can be rescheduled, and, if 9 o’clock in the morning is not appropriate, some centres are looking into changing their opening hours if that is what claimants want. We have done some of what was recommended in the full PIP review, and will continue to look at that. I will update Members further in due course.

In response to the hon. Member for Torfaen (Nick Thomas-Symonds), assessments are evidence-based and sensitive to conditions. We will continue to learn because quality is vital. The personal experience of the hon. Member for Bridgend (Mrs Moon) is also vital. I attended the Motor Neurone Disease Association event yesterday, and I would be delighted to meet both it and Parkinson’s UK. I extend that invitation to the hon. Lady.

There are many points that I do not have time to address, but I will quickly say that the roll-out will match capacity and will be done in a calm and cautious manner. I welcome all feedback. The debate has been very proactive, and PIP is a real priority for me so I will keep a close eye on it.

[Philip Davies (in the Chair)]

Mr Stuart, you have 40 seconds or so in which to sum up.