Disabled People on Benefits: EHRC Investigation

Marion Fellows Excerpts

Thursday 23rd May 2024 Commons Chamber

10.35 am

[Marion Fellows (Motherwell and Wishaw) (SNP)]

(Urgent Question): To ask the Secretary of State for Work and Pensions if he will make a statement on the Equality and Human Rights Commission investigation into the treatment of disabled people on benefits.

[The Minister for Disabled People, Health and Work (Mims Davies)]

It is a pleasure to be called to the Dispatch Box to respond for the Department for Work and Pensions this morning. The Department is absolutely committed to providing services through which every customer, including disabled people and our most vulnerable claimants, can experience fair opportunity and access to our services to ensure they get the support they need.

The Department has been in negotiations with the EHRC since 2021 on this matter. It is disappointing that we have not been able to come to a mutually agreeable position. As the Secretary of State for Work and Pensions stated yesterday during his Select Committee appearance, our existing legal advice and understanding is that both the EHRC and the DWP are still bound by confidentiality. We are seeking further clarity on what we can share, so I will not discuss those negotiations further.

While I do not believe an investigation is necessary, we at the Department do of course take the EHRC’s concerns seriously. We welcome the focus now provided in the terms of reference. We will work constructively with the commission in its investigation to better understand its concerns. I hope the investigation will provide a deeper insight into some of the most complex cases that the Department deals with. Of course, if any improvements are identified by the commission we will, rightly, take steps to address them.

[Marion Fellows]

I thank the Minister for her answer. I have great respect for her, but if she is telling the House that the Government have been in negotiations with the EHRC for three years and this is where we are now, that is ridiculous and absolutely underlines what many in this House, including myself, have been saying to the Government for more than three years. The Scottish National party has been challenging the Government over their treatment of those with illness or disability, and therefore we welcome this overdue investigation by the EHRC.

Full transparency and accountability are imperative so that the mistakes of the past are never repeated; we know about that from all the other investigations that have been taking place recently. If it does transpire that either the DWP or the Secretary of State, or both, have breached equality law, the strongest possible action must be taken. It is the least those who have suffered at the hands of this Government deserve.

I have spoken over the years to many disability organisations and they are appalled at how disabled people are treated, as am I. The United Nations Committee on the Rights of Persons with Disabilities rapporteur has concluded that the UK Government have

“failed to take all appropriate measures to address grave and systematic violations of the human rights of persons with disabilities”.

That is a further black mark against this Government. I have said it time and again: the UK Government must change course from their cruel and demonising approach to disabled people and start supporting them in the way being done in Scotland. The words dignity, fairness and respect mean something to disabled people in Scotland. The Scottish social security system is designed to treat people with dignity, fairness and respect. When on earth will this Government, or the likely following Labour Government, start doing that in the UK? It is an absolute and utter disgrace.

The proposed welfare reforms are dangerous and look to slash disabled people’s incomes during an ongoing cost of living crisis, when disabled people are already facing higher living costs. More people are being pushed into insecure and unsafe work and the Government are undermining the principle of an extra costs benefit for disabled people. Now we have this EHRC investigation. How can the Minister possibly defend her Government’s ongoing assault on disabled rights just to cut costs?

[Mims Davies]

I agree with the hon. Lady. We have much we agree about and real mutual respect, and I know her concerns come from the heart. I reiterate that we are a compassionate Department, welcoming to all, and we are keen to get insights and learnings. I have given evidence on that, most recently to the Select Committee, making it clear that we are a learning Department focused on individuals. In fact, our trauma-informed approach is testament to that. I recently saw that in Hastings, and it is being rolled out in South Yorkshire, Plymouth and all our DWP innovation hubs to successfully drive a programme of understanding into our core business areas, including the child maintenance area and service areas. From a meeting with my DWP colleagues, I know what a big difference it makes.

We engage right across the UK with a multi-agency approach. The hon. Lady will be pleased to know that I recently met the independent reviewer of the personal independence payment and benefits—there is that process in Scotland—for a mutual learning and understanding experience. Reforms that are being brought out are about disabled people’s voices being fully heard and understood, whether that is through our national disability strategy or our action plan this year. I also recently engaged with the Domestic Abuse Commissioner, Nicole Jacobs, who covers England and Wales, and this gives me a chance to pay tribute to her. We have been trying hard to understand tragic and complex cases. Our sympathies are always with the families, and we will continue those internal process reviews.

I hope that the Chairman of the Select Committee, the right hon. Member for East Ham (Sir Stephen Timms), will reflect on the useful evidence that was given. We have a growing number of visiting officers for some of the most vulnerable—we currently have 500—and we have 200 dedicated prison work coaches. I want anybody watching, studying or reading this urgent question to approach us and talk to us. Many people become involved with the DWP at the most challenging times of their lives. We are here to help people, whether through our youth hubs or our disability work coaches. Please tell us what is going on. We can link people to the right agencies, and we are determined to understand what the commission is thinking and feeling and to work with it.

Buckland Review of Autism Employment

Marion Fellows Excerpts

Thursday 25th April 2024 Commons Chamber

[Marion Fellows (Motherwell and Wishaw) (SNP)]

Thank you, Madam Deputy Speaker. Running through my mind are the words, “Follow that!” I thank the right hon. and learned Member for South Swindon (Sir Robert Buckland) for producing this outstanding report. His family’s lived experience has absolutely made for a much better report, and I thank him for all the work that he has done on it. To follow the right hon. Member for East Ham (Sir Stephen Timms) is always a privilege and a pleasure—he has taken away some of my best lines, but I will carry on regardless.

It is a real pleasure to speak in the debate, which I signed up for immediately, having spoken many times in this place on the subject of autism. I think it would be remiss of me not to mention Dame Cheryl Gillan at the start of my remarks. One of the first debates that I spoke in was on the closure of the autism One Stop Shop in Motherwell back in 2015, and Dame Cheryl was so kind and helpful to me when I spoke to that important topic. I should point out that I am very close to someone with three autistic sons. My own youngest son has never been diagnosed, but I do not think there is much doubt that he is somewhere on the spectrum, and I think he would admit that himself. I also thank Ambitious about Autism and the National Autistic Society for their briefings, which are always helpful.

The current situation regarding employment for those with autism is simply not good enough across the UK. The UK Government have consistently banged on about reducing economic inactivity and encouraging people into work, but their rhetoric is still not matched with proper support, especially for the neurodiverse, about whom we are talking today.

As we have heard, issues with access to work and the provision of workplace adjustments mean that many autistic people are slipping through the gaps. This is certainly the case for those with autism: as we have also heard, only three in 10 working-age autistic people in the UK are in employment. That statistic is five in 10 for all disabled people, and eight in 10 for non-disabled people. Ambitious about Autism’s employment survey found that 71% of those unemployed would like to be in work, but less than a third were confident that they would find work within the next year. That signifies a huge gap in the support currently provided.

I have seen at first hand the transformative power of employment when autistic and disabled people are properly supported into work. I had the privilege of visiting University Hospital Wishaw to meet some of the participants in the supported internship scheme run by DFN Project SEARCH, and met some of the students on that scheme. Some of them have now found employment. Some of them have now married. The transformation in their lives and those of their families cannot be over- estimated—I literally had to be dragged off the scene, because that was one of the most uplifting visits I have undertaken as an MP.

Employment brings fulfilment, independence and purpose, and as I have said, it can positively transform the life of the employee if they are well supported. However, even when employed, autistic people face challenges and discrimination. The Buckland report finds that autistic workers face the largest pay gap of all disability groups, earning on average a third less than their non-neurodiverse counterparts. Further, the report notes that autistic graduates are twice as likely as non-disabled graduates to be unemployed after 15 months. Only 36% find work in that period, and autistic graduates are more likely to be overqualified for the job they have. They are the most likely people to be on zero-hour contracts and the least likely to be in a permanent role. All of those things require looking at properly, because the statistics are appalling.

Morally, we should be ensuring that autistic workers are supported when trying to find employment, but it is also incumbent upon Government, employers and other stakeholders to ensure that those with autism are adequately supported when they are in work. The SNP welcomes the publication of the Buckland review of autism and employment, and urges the Government to implement its recommendations to ensure that autistic people have the opportunities they deserve. I further welcome the report’s engagement with autistic organisations, as lived experience is vital when shaping policy. That is something the UK Government do not always have a good track record on.

A lack of access to good-quality careers advice, inflexible hiring practices and non-inclusive workplace cultures are just some of the barriers facing autistic people. Once employment has been achieved, autistic people can struggle when employers do not or cannot put in place proper adjustments to support them. Autistic people process information differently and experience a built environment in a totally different manner, which can impinge on their ability to carry out their work—too much bright light, noise, or social interaction can be overwhelming. Additionally, as has been said, autistic people might need more time to process interview questions. It is imperative that employers are aware of such differences and take steps to accommodate autistic workers—or any disabled workers, for that matter. A person close to me has an autistic son who wears a badge at work to indicate his mood to his co-workers. It is a simple thing: if he is feeling overwhelmed and does not want people to talk to him or to be interrupted, he turns the badge to indicate that.

From my own experience in further education, I know that my students benefited immensely when we had autistic students in class. At first they thought it was strange—they were a bit wary—but over the year they developed an understanding of autism and a real respect for the autistic students who sat next to them. The same happens in workplaces: if we can get people into the right place and the right job, everyone benefits. Not accommodating autistic workers wastes so much talent and skill. It makes no sense for businesses either—we have already heard about the special skills that autistic people can bring to the workplace. When businesses properly accommodate neurodiverse employees, the results can be amazing. I have visited the Barclays bank campus in Glasgow, designed by a woman architect who has autistic sons. The difference in that building is awesome: it is built with neurodiverse people in mind, with big open-plan offices with chill pods and a real understanding of what needs to happen. As a result, Barclays has great employees, and people are getting good work and proper jobs.

It is imperative that the UK Government act urgently to improve support for all disabled people, including those with autism, and tackle barriers to employment. We are really worried about the Prime Minister’s recent announcement on fit note reform: pushing people into work without considering what they are suffering and what they need is appalling. As you know, Madam Deputy Speaker, I get very passionate about this topic, so I will try to rush through.

It is important that Access to Work is reformed, as the Buckland report calls for, and reforms to sick pay also need to be introduced for when people need time off. In Scotland, the SNP Government try our best. We are trying to be a fair work nation and are investing money in autism, as well as in simple things such as working within education to get initial teacher education courses that will teach trainee teachers about autism, because as we know, education is the gateway to employment. I will stop there, Madam Deputy Speaker. Again, I congratulate the right hon. and learned Member for South Swindon, and I want the Minister to take on board all the report’s recommendations and make life much easier for those with autism in the workplace.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the shadow Minister.

--- Later in debate ---

[Mims Davies]

I am absolutely looking at the right way forward, because for me, if someone acquires a disability, we need to be looking at how they are retained in work and whether they have a particular impairment or need. I am looking at that in the round. As part of the Disability Confident challenges, the new guidance for leadership, working with the CIPD, is important. We need to be talent confident. Many employers want to employ more inclusively. They just struggle with how to do it and so regress to the same old recruitment.

[Marion Fellows]

There is also an autism friendly employer award, which we should be looking at. I am proud to say that I have that—I am one of the few parliamentarians who do. It is worth raising that too.

[Mims Davies]

I thank the hon. Lady for raising that important point for all of us. My hon. Friend the Member for Cities of London and Westminster (Nickie Aiken) mentioned the Fair Shot café in Covent Garden. I think we will all be popping down for coffee and banana cake. My predecessor enjoyed his visit there, and I am looking forward to seeing more work like that, because these things are incredibly important.

The Chair of the Select Committee, the right hon. Member for East Ham, talked about job carving, and I call it job design. It is about working with employers, looking at the roles they have, interviewing in the way that suits people and giving long-term support. I totally agree with all the charities that talk about jobcentres always having that individualised approach. I promise the hon. Member for Motherwell and Wishaw and all those watching that it is about the right role for the right person in front of us at DWP, so that we can actively change people’s lives. That is what we are in the business of doing; it is not just warm words.

The point on self-employment that my right hon. and learned Friend the Member for South Swindon mentioned links to the Lilac review and active, positive choices for disabled people. We recognise talent, ability and entrepreneurship. There is a positive choice there, and access to cash is important.

I will turn to my right hon. and learned Friend’s point on autistic people and the recruitment process. I thank Helen Tomlinson, the Government’s menopause champion, who is also the head of talent at the Adecco Group. Thanks to her support, my officials are working with Adecco and the Recruitment and Employment Confederation to develop new methods for recruitment that work effectively for both autistic and neurotypical applicants, ensuring that employers are more able to secure the talent they need to thrive. The Government are determined to provide the right support. I also note and agree with the point about career progression for autistic people.

Access to Work continues to provide grants for extra costs, and those adjustment passports are key. We are focusing on new employment. I recognise that there have been delays, and that is partly because more people know and understand the value of Access to Work. We are continuing to develop a universal support scheme. I recognise the point that the right hon. Member for East Ham has made, and I hope I have reassured him about the design on that. I cannot cover all the wide-ranging points he made in this debate, but I am happy to write to him on those.

On the challenge of being ambitious and on what comes next, and in terms of what we are looking to achieve, I can announce that my officials will shortly be going out to the autism community to seek expressions of interest in joining the group, starting with the role of chair. It will be a transparent, inclusive process, and the selection panel will be entirely independent of Government. I fully expect that that is where outcomes and what comes next will be realised when it comes to the review’s ambitions.

To conclude, this report is a big and extremely welcome step forward. It has not only produced a plan to overcome barriers for autistic people, but shows a path that can be followed for other groups facing barriers to employment and those with other types of neurodiversity and learning. I thank my right hon. and learned Friend the Member for South Swindon once again.

Carer’s Allowance

Marion Fellows Excerpts

Monday 22nd April 2024 Westminster Hall

[Marion Fellows (Motherwell and Wishaw) (SNP)]

It is a real pleasure to serve under your chairship, Mrs Cummins. I congratulate the hon. Member for Neath (Christina Rees) on the way she introduced this important petitions debate, in which I am grateful to be able to speak as the SNP spokesperson for disabilities and the SNP carers champion.

I have had the pleasure of engaging with disabled people, their carers and carers organisations over the last number of years, and it really has been a privilege. My engagement with them stunned me at first, as I concentrated on the disabilities aspect of my role. I then went to a drop-in in Parliament and spent an hour and a half listening to carers, and became more involved on that side of things. Carers play such an invaluable role, and the impact they have on the lives of those they care for is almost unquantifiable. They show the best of humanity and are truly altruistic people who devote much or all of their time to others, but they are not properly recompensed by this Government.

Before I get into the cold numbers and economic arguments for increasing carer’s allowance, on a human level I want to pay tribute to carers right across the UK and thank them for all they do. Carers ought to finally get the recognition they deserve, as for too long they have been unsupported, exploited and taken for granted. The work of unpaid carers is what holds society together. According to Carers UK, there are an estimated 5.7 million people in the UK who provide unpaid care, accounting for 9% of the population. I want to say a special thanks to North Lanarkshire Carers Together, Lanarkshire Carers and NL Young Carers for all the help and support they give unpaid carers in Motherwell and Wishaw, and to all the other local organisations across the UK.

Each and every one of us can, and potentially will, become a carer or be cared for by someone at some point in our lives. None of us can predict the future. Circumstances change: before we know it, we may be caring for or receiving care from a loved one. Each year, around 4.3 million people become unpaid carers. That is 12,000 people a day. Unpaid carers’ support is worth a staggering £162 billion a year in the UK. Let me repeat that: £162 billion a year. According to the Carers Trust, the value of unpaid care is £12.8 billion per year in Scotland alone. The figures are huge, and the importance of unpaid carers in our economy is enormous, yet carers feel unsupported. Three in five are worried about living costs, 600 have to give up work every single day, and a quarter of carers have either “bad” or “very bad” mental health.

The enormous contribution of unpaid carers to the economy makes it all the more shocking that carers are under-supported in the UK. That was reflected in evidence given to the Work and Pensions Committee in March in a session on carer’s allowance. Representatives from Carers UK, Carers Scotland and the Centre for Social Justice all agreed that carer’s allowance is inadequate and each of the organisations took issue with the earnings limit. It was noted unanimously by those organisations that the UK lags behind comparable jurisdictions, most of which link the earnings limit to hours worked and not how much a person earns, thereby not confining people to low-wage work.

Ahead of today’s debate, a number of organisations were in touch with me to highlight the dire situation in which carers find themselves in much of the United Kingdom. The MND Association said that 90% of those who care for people with MND feel that the welfare benefits they receive do not meet their needs as carers. Meanwhile, in 2022, the MS Society, which is part of the Carer Poverty Coalition—this week is MS Awareness Week—conducted a report on the friends and family of those with MS and found that only 17% of respondents were in receipt of carer’s allowance.

The restrictive access to carer’s allowance, including the 21-hour study rule south of the border, is arbitrary and means that those who need support are missing out. The UK Government should follow Scotland’s lead by removing the 21-hour study rule and enacting measures like the Scottish young carer grant.

It is nonsensical that those who care for more than one person often miss out on carer’s allowance because the eligibility rules do not allow for caring hours to be combined cumulatively. Many carers who spend the equivalent of a full-time job caring cannot access carer’s allowance, which shows how broken the system is. The MS Society has outlined the horrendously low rate of carer’s allowance and the financial impact that that has on carers. Spread over 35 hours per week, the value of carer’s allowance equates to just £2.34 per hour, a whole £9 below the national minimum wage. That is horrendous. The current rate of carer’s allowance is totally exploitative.

The UK Government take advantage of the love that carers have for those they care for; they exploit their altruism and offer totally inadequate compensation in return. There is absolutely no recognition of how integral carers are to the functioning of society and the UK economy. It is essential that the UK Government increase the level of carer’s allowance to at least the minimum wage so that it better reflects the financial impact of caring responsibilities. I therefore support this important petition.

Coupled with the Carer’s Leave Act 2023, which I supported and recently came into force, a move to increase carer’s allowance to the minimum wage would demonstrate that the invaluable work of carers is finally receiving some of the recognition it deserves from the UK Government, but more should be done. The Government must increase the earnings limit to ensure that carers can work and earn if they are able to and wish to. The rhetoric from this Government always focuses on getting people back into work and reducing economic inactivity, but they do not follow up their hollow talk by putting support mechanisms in place. Whether it is for disabled people or, as in this case, carers, there is workforce potential that is not being tapped into because of the lack of adequate support.

With the current levels of support, unpaid carers are particularly vulnerable to falling into poverty, not just because of the devastatingly inadequate rate of carer’s allowance but because of carers’ limited ability to earn an income and the additional costs they face, which they cannot cut back on without affecting the safety of the person they care for. Those include the costs of taking the person they care for to hospital, keeping their home at a safe minimum temperature, charging essential medical equipment for their loved one and doing extra laundry.

A perfect storm of lack of recognition, lack of proper financial support and risk of poverty while caring for a loved one leads to high levels of stress and can have a significant impact on the mental and physical health of the carer, seriously impinging on their own quality of life. In turn, that increases the carer’s own need for treatment, support and services in order to help them cope.

The SNP Scottish Government took action to mitigate the substandard level of carer’s allowance by introducing the carer’s allowance supplement in 2018. It is paid half-yearly and is £288.60 in 2024. Some might think that is a trifling amount, but for some carers it makes a huge difference. There is also a young carers package offering discounts and opportunities for all young carers aged 11 to 18. The Scottish Government fund Carers Trust Scotland to run the Scottish young carers festival to allow young carers to take a break.

Since launching the carer’s allowance supplement, the Scottish Government have made 920,000 payments, totalling around £255 million. In Scotland we would like to do more, but we are limited by the strict confines of budgetary constraints following cuts to the block grant. In an independent Scotland, more could be done to improve the lives of carers.

Despite that, the Scottish Government continue to recognise the huge contributions that carers make to society. In November 2023, we launched the carer support payment, the main Scottish social security benefit, which will replace carer’s allowance in Scotland. Scottish social security treats all claimants with dignity, fairness and respect. The carer support payment has been developed to deliver an improved service, designed with carer and support organisations to meet the needs of those who use it, and to provide links to wider services to help carers access the support to which they are entitled.

Working within a fixed “pocket money” budget, the Scottish Government have continuously tried to mitigate cruel Westminster policies in order to treat carers with the respect they deserve. The Scottish Government are totally committed to carers. They are investing £88.4 million a year in local carer support through local authority funding under the Carers (Scotland) Act 2016, and have provided £8 million a year for voluntary sector short breaks since 2022-23, enabling more people, including young carers, to take a break from caring.

Carer Positive, which works with employers in Scotland, was founded 10 years ago, and I am one of its members. I believe that MPs and MSPs should do all we can to promote that excellent scheme, which helps employers to do their bit for the carers they employ and gives good advice. It is time that the UK Government followed suit with some of these initiatives and showed carers the recognition they deserve, as well as giving them the financial support they need.

We have heard this afternoon of carers being harassed and penalised for overpayments made by DWP, adding insult to injury. Will the Minister look at that? Will she also commit to responding positively to the Work and Pensions Committee reports in a timely manner, and to stopping the cliff-edge situation that carers face with benefits?

Disability Benefits

Marion Fellows Excerpts

Tuesday 26th March 2024 Westminster Hall

[Marion Fellows (Motherwell and Wishaw) (SNP)]

It is a pleasure to serve under your chairmanship for the first time, Mrs Latham. I thank the hon. Member for Slough (Mr Dhesi) for bringing forward this important debate.

The rationale for PIP and other disability benefits is to create parity between disabled people and their non-disabled counterparts, but we all know that that is not the case. Sense has called on the UK Government to increase PIP so that it truly reflects the extra costs that disabled people feel and face, and to increase universal credit and the employment and support allowance so that disabled people can reach a minimum living standard.

The hon. Member for Leeds East (Richard Burgon) referenced the social tariff on energy and I hope he will support my private Member’s Bill to that end, because I am not giving up on that either. The UK Government continue to short change the disabled community. I think he was reading my speech because I was going to use the same quotes from the UN rapporteur, but I will not for the sake of brevity. It is shaming for the UK that the rapporteur thinks that is how disabled people are treated by the Government.

In my casework and my engagement with disabled people and organisations, I hear all the time that disabled people feel disrespected, devalued and demonised by the Government and the UK media, which is utterly shameful. One in five people in the UK have a disability and we could all be disabled tomorrow—a point worth remembering. It is time that disabled people had the recognition and support they deserve. We do not even have a disabilities Minister, as has been raised many times; I mean no disrespect to the Minister, but we need a disabilities Minister to focus on this part of the portfolio.

With good reason, there is little trust between the disabled community and the DWP. According to Z2K, since the introduction of PIP in 2013, 76% of claimants have ended up with a better outcome following an appeal, either via lapse or in an independent tribunal. That compares with just 28% at mandatory reconsideration, where the DWP marks its own homework.

This lack of trust in the DWP is why there is so much worry about the health and disability White Paper proposals. The abolition of the work capability assessment is welcome, but it comes with grave risks; it means that there are much higher stakes for people. Half a million people who are not well enough to work but are not receiving PIP are at risk of losing out altogether. It is imperative that the White Paper proposals are halted until PIP can be trusted to deliver reliably the correct decisions. Since 2018, more than 200,000 people have been awarded no PIP at the initial decision, only to be awarded some at the mandatory reconsideration or tribunal. In more than 70,000 of those cases, the individual subsequently received at least one higher or enhanced element. The system does not work.

This is indicative of a system that is not fit for purpose—it forces disabled people to endure gruelling assessments that have huge mental health impacts. It is about time the Government started treating those with disabilities better. I had a constituent who was diagnosed with terminal cancer and who put herself through gruelling trials. When she was reassessed for PIP, they more or less said to her, “Oh, you are still alive. You are supposed to have died.” The mental health impact on all disabled people undergoing this cannot be underestimated.

The hon. Member for—I am so sorry.

[Justin Tomlinson]

North Swindon.

[Marion Fellows]

The hon. Member for North Swindon (Justin Tomlinson) referred to the Scottish Government. This is why they started a system different from the one in Westminster—a system that is based on fairness, dignity and respect. They collect the information from doctors and others about the case of the individual who is claiming the adult disability payment. Is that not a better way of doing things? They have VoiceAbility, which helps people to fill in the forms correctly so that, more often than not, they get the right decision at the first point of contact. It really defies belief. I have said this and I keep repeating it: look at what is happening in Scotland. People who have worked for Social Security Scotland that came from the DWP say the difference in how they have to treat clients, how they have to treat people, and how the system works, is like night and day.

The Scottish Government have made a difference with interventions such as the adult disability payment, the child disability payment and the carer support payment. They ensure that both disabled people and carers get all the financial support they are entitled to, which allows them to live with dignity.

I hold quarterly poverty action network meetings. I held the last one on Friday, at which there was a representative from the Scottish social security system. They come every quarter and they are there to help local organisations who work in Motherwell and Wishaw to improve people’s lives—

[Mrs Pauline Latham (in the Chair)]

Order. You are only supposed to speak for five minutes.

[Marion Fellows]

Will the Minister please look at what is happening in Scotland and reform this outdated and unworkable system?

Women’s State Pension Age

Marion Fellows Excerpts

Monday 25th March 2024 Commons Chamber

[Mel Stride]

I think my statement is the message. We recognise that these are complicated issues. We have collaborated fully with the inquiry, to the satisfaction of the chief executive officer of the ombudsman. We will study the report’s findings very carefully, and engage with Parliament constructively, as we have done with the ombudsman.

[Marion Fellows (Motherwell and Wishaw) (SNP)]

The Royal Society for the Relief of Indigent Gentlewomen of Scotland sounds entirely otherworldly and quite funny, but that was not the case for the WASPI woman who came to my surgery in 2016. She retired expecting to get her state pension at 60, and had to apply to the society for relief. She had to sell her home because she could not afford her retirement, as she did not receive her pension. What remedies for compensation do the Government consider suitable for that constituent, and others of mine, and when will they receive them? The DWP has known about the issue for years and years.

[Mel Stride]

The example that the hon. Lady gives once again underlines in my mind the importance of proceeding with great diligence and looking at the findings of the report in great detail. As we all know, we received that report on Thursday; it is now Monday. Given its length, and the complexity of the issues under consideration, it is not unreasonable for us to take the time to look closely at its conclusions.

Disability Action Plan

Marion Fellows Excerpts

Monday 5th February 2024 Commons Chamber

[Mr Deputy Speaker (Sir Roger Gale)]

I call the SNP spokesperson.

[Marion Fellows (Motherwell and Wishaw) (SNP)]

I thank the Minister for prior sight of her statement. This disability action plan is not a plan; it is a mishmash of short-term policies. Some of the proposals are welcome and should have been sorted out long ago. Others are unclear and simply do not address the most pressing concerns of disabled people.

In my submission to the DAP consultation, I listed key areas that had been overlooked. Cost of living and welfare support are still missing, even though these areas were consistently raised by disability organisations and individuals. The Minister says that the Government will improve understanding of the cost of living for disabled people. What better understanding do they need? For the past two years, disabled people have been crying out for more targeted financial support to assist with their additional cost of living needs.

The Minister said that the Government will promote better understanding of the United Nations convention on the rights of persons with disabilities across Government. What does that actually mean? In 2016, the UK Government were found to have systematically failed disabled people. That is still happening. The work capability assessment reforms will subject more disabled people to the cruel, punitive, and ineffective sanctions regime. Why? If the Government are serious about improving the lives of those with disabilities, they should start by scrapping the proposals ahead of the 6 March Budget. How much of this plan will actually be enacted before the general election?

In contrast, the Scottish Government are acting within budgetary constraints to improve the lives of disabled people through the adult disability payment and child disability payment. The independent living fund, with an initial investment of up to £9 million, will enable people with disabilities to improve their life. Finally, no offence, but the downgrading of the role of Minister for disabilities indicates this Government’s disregard for people with disabilities.

[Mims Davies]

I thank the hon. Lady for her response; I am glad that advanced sight of the statement was welcome, at least. I reiterate to those watching that this plan is one pillar of the work that we are doing across all Government Departments to help disabled people to succeed, and to make this the most accessible place to live, work and thrive.

The work capability assessment will be changed. My engagement so far has been very much about what disabled people feel. I was in Aberdeen on Thursday, chatting to some of our claimants and those working with a local charity. Many of those disabled people were so frustrated that they cannot get a chance to work, and to try things. The action plan is not about punitive sanctions; it is about giving disabled people the opportunity to take part in wider daily life, which we all take for granted. I point her to the cost of living support, and the around £200 million in Barnett consequentials for her Government. I have consistently asked where the money is going and how they are spending it. I would love to have pointed that out to those I met on Thursday.

This issue is not about party-political barneying in this Chamber; the hon. Lady and I share the view that it is about supporting disabled people in their daily life. I strongly believe that these measures will change their daily life. We will report in six months—if she knows more than me, and the next election is before that, then it will not be me doing so—and in 12 months. Of course, she and I will continue to discuss these matters until the election. I am sure that where we can work together, we will.

Musculoskeletal Conditions and Employment

Marion Fellows Excerpts

Wednesday 10th January 2024 Westminster Hall

[Marion Fellows (Motherwell and Wishaw) (SNP)]

It is a pleasure to serve under your chairmanship, Dame Caroline. I warmly congratulate the hon. Member for Wirral West (Margaret Greenwood) on securing this really important debate. I am grateful to Versus Arthritis and to the British Society for Rheumatology for their very helpful briefings. I listened with great interest to the right hon. Member for Hayes and Harlington (John McDonnell), and I absolutely agree with him that Westminster Hall is more conducive to sharing ideas, rather than just having a go at the Government. However, as the SNP spokesperson, I always have to give the Scottish perspective on things in this place, so I will do a fair bit of that this morning—not for too long, I hasten to add.

We have heard of the number of working days lost because of musculoskeletal conditions, which I will now refer to as MSK conditions, for everyone’s sake—especially those from Hansard who are here. It is really important that the Government change attitudes to people with disabilities such as MSK conditions. We have to support those people, improve their access to work and help them stay in work.

Let us look at what we tried to do in Scotland, and some of the issues that we are really concerned about. We in the SNP are deeply concerned about the changes to work capability assessments, which will lead to disabled people and those with long-term health conditions being put at risk of sanctions. We know that sanctions do not work—we have the evidence—and we really feel that they are not the way forward. More support for people who have been unemployed for a long time is welcome, but sanctions should not form part of that. We do not support mandatory work placements, either.

People with MSK, arthritis and similar conditions often have to give up work because they cannot continue, and they cannot live on statutory sick pay if they have to take short-term absences from work. If the Government are serious about closing the disability employment gap, they have to start providing statutory sick pay that treats workers with dignity. It is ridiculous that recipients get only £109.40 a week; that is wholly inadequate, and is among the lowest amounts in Europe. The Government should look at increasing SSP in line with a real living wage. We also want the Government to provide guidance to employers on reasonable adjustments, and to create statutory timescales for their implementation. We are all agreed that we want people to be able to work, but we need to give them the right support.

The right hon. Member for Hayes and Harlington and others have talked about how difficult things are for people with long-term conditions, especially MSK conditions. They need to dig deep into their household budget to be able to eat properly and keep warm—that is currently a huge problem. The SNP has asked many times for a social energy tariff, and I requested a debate on that in this very place. We need measures to help people return to work properly, when they can and want to.

It is absolutely ridiculous that there has still been no mention of work practices, nor any movement since the Taylor review was first published. We keep hearing promises from the Government, but action is not happening. The SNP’s vision is for Scotland to be a fair work nation by 2025, where fair work drives success, wellbeing and prosperity for individuals, business organisations and the whole of society. That means that we have to look at the drivers of workplace inequality and ensure that everyone is supported to enter into work and progress. That is making a difference: in Scotland people are happy, and want to sign up to the fair work scheme. I know that everyone here wants things to become better. We really need to improve things, but in Scotland we cannot do that on our own, because workers’ rights remain firmly in the hands of Westminster.

We need to look at this issue. The Smith commission tried to look at it, but we were outvoted by Labour and the Tory Government at the time. In Scotland, we want—indeed, we need—the right to set our own agenda for fair work practices. It is really important that people with MSK conditions are able to participate in work fully and do not spend months and months waiting for access to work. Also, when they have to take time off work, they should receive proper statutory sick pay. Then they can go back into the workplace and can continue to contribute to society.

I thank everyone here. We have covered a wide range of issues, and I will listen carefully to the Opposition spokesperson, and especially to the Minister who responds to this very important debate.

Oral Answers to Questions

Marion Fellows Excerpts

Monday 18th December 2023 Commons Chamber

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

My right hon. Friend will be delighted to know it is at the heart of the work that the Employment Minister spoke about today. It is at the heart of our disability action plan, which Members will hear more about in the new year. I advise all employers to focus on being disability confident and employing with confidence, rather than just writing about it on a website.

[Marion Fellows (Motherwell and Wishaw) (SNP)]

After the UK Government appallingly downgraded the dedicated role of disabilities Minister, Scope’s executive director, James Taylor, wrote to the Prime Minister saying that

“the UK’s 16 million disabled people deserve so much better than this treatment.”

It is a clear message that the UK Government do not view disabled people as a priority. Will this Government urgently reverse their decision and reinstate the role?

[Mel Stride]

That is a complete misunderstanding; the hon. Lady refers to reinstating the role, but all the responsibilities of the previous disability Minister have been taken over by the current one, the Under-Secretary of State for Work and Pensions, my hon. Friend the Member for Mid Sussex (Mims Davies), who happens to be the most experienced Minister in my Department. She is extraordinarily capable; she absolutely understands the issues and will do a fantastic job.

Oral Answers to Questions

Marion Fellows Excerpts

Monday 13th November 2023 Commons Chamber

[Mims Davies]

I thank my hon. Friend for the opportunity to mention the household support fund, providing local authorities with further funding which is discretionary for those most in need, particularly those ineligible for cost of living payments. The latest year-long extension in England runs to March next year. Buckinghamshire Council received nearly £4.8 million in its latest extension.

[Marion Fellows (Motherwell and Wishaw) (SNP)]

The proposals in the work capability assessment activities and descriptors consultation will mean some claimants will lose £390 a month if they are reassessed, pushing them even further into poverty. Will the Minister or the Secretary of State please explain this huge financial impact on low-income people with disabilities or a serious health condition?

[The Minister for Disabled People, Health and Work (Tom Pursglove)]

No final decisions have been made. We have had the consultation and we will respond appropriately in the normal way.

Work Capability Assessment Consultation

Marion Fellows Excerpts

Tuesday 5th September 2023 Commons Chamber

[Mel Stride]

I thank the hon. Lady for her question. Just to clarify, there are no plans on the part of the Government to make any changes to the way in which PIP operates—and she did refer specifically to PIP. On the broader point, which is an important point about the interaction between my Department and the Scottish Government, I assure her that I have written today to my Scottish counterpart to open my door to whatever discussions they wish to have. The Minister for Disabled People will also be having his regular engagement with the Scottish Government next week.

[Marion Fellows (Motherwell and Wishaw) (SNP)]

I am almost tempted to say another week, another consultation. Disabled charities come to me regularly with real doubts and worries about the way disabled people are being treated. I visited Project Search in my constituency last week. It was wonderful and inspiring—they practically had to throw me out the door. It is a programme that takes in young people, often from college, with severe disabilities and learning issues and gets them into work and then continues to support them. The support that is offered once people get into work is crucial to the success of any programme the Government undertake, and how they treat these people is vital. What is the Government going to change? How are they going to change these work capability assessments to benefit the recipients, and how will they treat the people that they force into them?

[Mel Stride]

I believe that my hon. Friend the Minister for Disabled People will be meeting the hon. Lady very shortly. That is in the diary, so those matters can be discussed in greater detail then. Specifically, she asks what support we will be providing. It will be exactly the kind of support to which she has just alluded. There will be universal support to help train and place individuals in work, and it will stay with those individuals for up to 12 months to make sure that they get the support to hold down that job.