Draft Carer's Assistance (Carer Support Payment) (Scotland) Regulations 2023 (Consequential Modifications) Order 2023

Debate between Kit Malthouse and John Lamont

Tuesday 14th November 2023 General Committees

[John Lamont]

I will start with an apology: I should have said at the start of my contribution what a great privilege it is to serve under your chairmanship, Mrs Harris.

I thank Members for their various remarks and welcome the support of Labour and SNP Members. On the various points raised by my right hon. Friend the Member for North West Hampshire, the broader point is that we have to recognise that this Parliament legislated for additional welfare powers to be delivered to the Scottish Government, which I and the current Government fully support. Others have said that a consequence of that will be differing types of system, including social security, being delivered on either side of the border. That is something which I also support and which we have to recognise is in the nature of devolution. That is how devolution in these islands works. The key for us is making sure that it works well.

As other Members have said, there have been delays in terms of the Scottish Government’s capacity to take up these additional welfare powers. We have worked with them to delay, transfer, or ensure that their delivery has been done in a practical way to make sure that the people in need of those benefits are receiving them in a timely and straightforward manner. I do not necessarily agree with the thrust of some of the remarks by the hon. Member for Glasgow East. As I said at the start, it is important for us to recognise that devolution results in these variations, and this Government have to ensure that we work with the Scottish Government to deliver these benefits effectively.

My right hon. Friend the Member for North West Hampshire raised a number of points and questions, which I will try to answer. For example, what will happen if the claimant is a recipient of the UK Government’s carer’s benefit and then moves from England to Scotland? There will be a case transfer process from carer’s allowance to the carer support payment. When a carer who is getting an equivalent benefit in England moves to Scotland, the reward will transfer automatically—there is no need to apply, and the DWP will continue to pay that for 13 weeks from the date of their move. Following the completion of that case transfer, alternative arrangements will be made to minimise the risk of claimants who are continuing to provide care experiencing a break in payments when they move.

My right hon. Friend asked a number of other questions. We will write to him on those, if that is okay, rather than go into some of the granular detail. However, at the interministerial level, the interministerial group on welfare, on which I sit, deals with many of those points and has dealt with many of them in readiness for this order. That includes work on the sharing of data and ensuring that both the new social security system in Scotland and the DWP are working in partnership to ensure that the types of points that my right hon. Friend raised are addressed properly. That will ensure that nobody is left without the benefits that they are entitled to or the support that they need, and that people are not claiming wrongly when they should not be.

I am confident that the working relationships that we have, at both the official and ministerial levels, will deal with those concerns and questions raised by my right hon. Friend. However, I do undertake to write to him on the detail.

[Kit Malthouse]

I wonder how much the Minister is willing to wager that he will not be back at some point in the future to correct anomalies in this legislation. If, as he is saying, the approach is, “Well, we’ll try it and see, and we’ll talk about the problems that may emerge and try and tease them out,” is he saying that the legislation is likely to change, and therefore is not comprehensive for some of the anomalies that may occur?

I know that I raised a number of questions about the operation of the scheme, but could the Minister just answer the question about cross-border carers? There will be a number of cross-border carers who, as we speak, will be wondering where they sit and would be grateful to have some clarity on that pretty quickly.

[John Lamont]

I am not a betting man, so I will not enter into a wager with my right hon. Friend. However, as I alluded to earlier, there will be differences between how the social security system works in Scotland and in the rest of the UK. That is simply a reflection of the devolution settlement. I do not doubt that there will be anomalies that will have to be fixed and addressed, regarding both social security and other devolved policy areas. Again, that is just the nature of the constitutional settlement that we live with, and that is something that I just think we have to accept will be a reality, moving forward.

Oral Answers to Questions

Debate between Kit Malthouse and John Lamont

Thursday 14th July 2022 Commons Chamber

[John Lamont (Berwickshire, Roxburgh and Selkirk) (Con)]

10. What steps he is taking with Cabinet colleagues to mitigate increases in food prices.

[The Chancellor of the Duchy of Lancaster (Kit Malthouse)]

My Department has been working closely with the Department for Environment, Food and Rural Affairs to assess the impact on food prices as a result of the Russia-Ukraine conflict and other pressures.

[Kit Malthouse]

My hon. Friend is right to identify an extremely challenging part of the global cost of living crisis that we are trying to confront. Critical in that is the role of farming and the production of food domestically. One key area where we are able to assist and where lots of work is going on is the provision of fertiliser. She is a rural MP, as am I, so she will know that fertiliser is a key driver of overall food prices. I am pleased to say that for some weeks, DEFRA has been running a fertiliser taskforce, which is doing valuable work to stabilise the market and help farmers to optimise their use of artificial fertiliser.

[John Lamont]

I visited a farm in my constituency in the Scottish Borders last week, alongside the National Farmers Union of Scotland. The cost of feed, fertiliser and many other essential products has skyrocketed, and that is clearly pushing up food prices. What more can the Government do to help our farmers and support this important industry?

[Kit Malthouse]

My hon. Friend raises a very good point, although sadly the provision of food is devolved north of the border. We are working very closely with the Scottish Government to make sure that they put in place adequate provision to assist farmers. Here in England, for example, we have introduced the basic payment to help with cash flow. That has been welcomed by the industry, but the key driver of the fertiliser price will dog us for some time. If prices are too high, farmers will use less fertiliser. If they use less fertiliser, there will be lower yields and smaller animals, which means higher prices. Getting that combination right is critical, as is encouraging and supporting farmers through direct subsidy to return to the old-fashioned fertiliser use of animal slurry. We are helping them with their storage capacity and capability, so that they can optimise their yields from the crops that they sow.

Oral Answers to Questions

Debate between Kit Malthouse and John Lamont

Tuesday 9th November 2021 Commons Chamber

[John Lamont (Berwickshire, Roxburgh and Selkirk) (Con)]

T3. Across the UK, more and more young women are reporting being spiked by injection, a truly abhorrent attack on people just trying to have fun. What are the Government doing to protect women who are being attacked in this way?

[The Minister for Crime and Policing (Kit Malthouse)]

We share my hon. Friend’s abhorrence at this appalling new phenomenon. To reassure him, the Home Secretary and I are in close touch with the National Police Chiefs’ Council, which is co-ordinating local and national investigation assets across the country to try to prevent the crime and help protect young women.

Oral Answers to Questions

Debate between Kit Malthouse and John Lamont

Tuesday 29th June 2021 Commons Chamber

[Kit Malthouse]

I am extremely grateful to my right hon. Friend for raising this case, and I am very sorry to hear this distressing story. He is quite right to say that the presumption of parental contact has been a cause of concern to many, on the basis that it might expose parents and children to greater risk, and we are reviewing this provision at the moment. I would be more than happy to meet him to discuss this case—and, indeed, the review—further in the hope that we can move to an improved situation.

[John Lamont (Berwickshire, Roxburgh and Selkirk) (Con)]

What steps his Department is taking to tackle pet theft.

Oral Answers to Questions

Debate between Kit Malthouse and John Lamont

Tuesday 18th May 2021 Commons Chamber

[John Lamont (Berwickshire, Roxburgh and Selkirk) (Con)]

  How are the Government using technology in innovative ways to reduce crime?

[The Minister for Crime and Policing (Kit Malthouse)]

What a brilliant question! I have always regarded myself as an early adopter of technology as one of the first in my family to own a Sinclair pocket calculator—remember those?—so I am now given the opportunity to early adopt in criminal justice as well. There are lots of ways that we can use technology to decrease offending. For example, I referred earlier to the GPS trackers that we are fitting to a group of criminals post release. Some 50% of those released from prison following, for example, conviction for a burglary go on to reoffend. If we know where they are all the time, then they are less likely to offend, but also, if there is a burglary, the police are able to match their location to the data to eliminate them or make them a person of inquiry. Similarly, Mr Speaker, you will be pleased to know that we are rolling out alcohol abstinence tags, which we fit to the ankles of those who are convicted of a crime where alcohol has driven their criminal behaviour. At the moment, compliance with these tags is well over 95%.

Forensic Science Regulator and Biometrics Strategy Bill

Debate between Kit Malthouse and John Lamont

2nd reading & 2nd reading: House of Commons
Friday 25th September 2020 Commons Chamber

[John Lamont]

I am grateful for that clarification. I suppose my point was more about compliance notices being issued during court proceedings and the impact that that would have. For example, would another provider then have to analyse the evidence, and could it be legitimately argued that the evidence had in some way been contaminated while under the care of the provider issued with the compliance notice? I want to make it clear that I am by no means an expert on forensic science and my concerns may be utterly unsubstantiated, but these are important points to consider during analysis of the Bill. I would be grateful if the Minister or the hon. Gentleman could give further clarification on them, not necessarily today but further down the line.

As I am acutely aware, justice is a devolved matter in Northern Ireland and Scotland, so this Bill of course applies only to England and Wales. However, one of the huge benefits of devolution is being able to look over the border, wherever that may be, to see what can be done better, or perhaps more importantly, what should be avoided. As a representative of the Scottish Borders, I see almost every day differences in policies either side of the Tweed, and their qualities and shortcomings, although I must point out that sometimes all nations collectively get it wrong. I am sure I do not need to remind Members of the exam results debacle over the summer, when all four Education Secretaries felt the heat from disgruntled parents and students simultaneously.

Despite the fact that justice is devolved, I would point out that the current Forensic Science Regulator plays a role across the entire United Kingdom. The Forensic Science Advisory Council, which is chaired by the regulator, has representatives from Forensic Science Northern Ireland and the Scottish Police Authority Forensic Services, which are deemed to be full partners. In written evidence to the House of Commons Science and Technology Committee, the regulator said that that allows for the implementation of the resulting standards in jurisdictions across the UK and that that

“will beneficially ensure the existence of UK-wide standards in forensic science.”

That is good news and means that we are all sharing best practice across all parts of this United Kingdom, ensuring that justice can be served in these islands.

I am a very firm protector and supporter of devolution, but to appease those who may not believe in common working between the nations of our United Kingdom I would happily point out that Her Majesty’s inspectorate of constabulary in Scotland stated in a report in 2016 that “there is no requirement” for the decisions of the advisory council to be implemented in Scotland. I think all right hon. and hon. Members can agree that this is a great example of the nations of the UK working together for the good of all, despite powers residing in the different capital cities of our country.

Another example of the Forensic Science Regulator having a role other than in England and Wales was when it was asked to review the performance of the Scottish Police Services Authority in the case of HM Advocate v. Ross Monaghan. I do not want to go into the specific details of this report, but it is important once again to flag up how this Bill may end up having an effect, however small, across the whole United Kingdom.

I want to return to the topic of biometrics. The Bill’s full name is the Forensic Science Regulator and Biometrics Strategy Bill. We have already heard from the hon. Member for Bristol North West why there is so little about biometrics in the Bill. I understand that “Erskine May” allows private Members’ Bills to have purposes that do not relate to their titles, but I am not sure whether the hon. Member intends to amend the name of the Bill as it progresses. We will have to wait and see.

[Kit Malthouse]

Just to confirm, should the House consent to the Bill’s progress, we intend to table an amendment to the title in Committee.

[John Lamont]

I am grateful to the Minister for that clarification.

I welcome the fact that there are no biometric measures in the Bill, as, to be honest, I think our biometrics strategy is far too large to be included in a private Member’s Bill. Recently, the Scottish Parliament passed the standalone Scottish Biometrics Commissioner Bill, which deals with how biometrics data should be used. That shows how big an issue it is, and why it should be dealt with separately.

Most people are relatively comfortable with a passport gate scanning our face or a smartphone using our thumbprint. Yet there are many legitimate concerns about the use of biometrics by police forces and privacy concerns about sharing our data. We recently saw the brave protesters in Hong Kong tearing down alleged facial recognition cameras as the regime tried to incriminate those marching against the national security laws. That is just one example of how the technology can be misused. I know that the hon. Member for Bristol North West has a keen interest in that, as he held a Westminster Hall debate on the topic last year.

It is clear that the House will support the Bill and I welcome its progression to the next stage. The dependability of evidence heard in our courtrooms, be they in England, Wales, Scotland or Northern Ireland, is one of the most important things that we can protect as legislators. Without a justice system that we can believe in and that we can trust, we cannot be a thriving democratic country.

I believe that giving statutory powers to the Forensic Science Regulator will help drive up standards throughout the country and I am happy to support that principle today.