Work Capability Assessments

Debate between Mark Durkan and Eilidh Whiteford

Tuesday 9th February 2016 Westminster Hall

[Mark Durkan]

Does it not strike the hon. Lady that although we often hear from the Government, in relation to many other arguments, that policy and Government decisions must be based on evidence, on this fundamental matter the Government rigged the legislation, so that medical evidence could be ignored in favour of the bizarre assumptions and interpretations that the people who carry out the tests come up with?

[Dr Whiteford]

As ever, the hon. Gentleman makes an important point clearly. There is no reason why people’s medical history should not be included in the assessments. Often, consultants—sometimes it is a GP, but in cases of serious illness it is more likely to be a consultant—are in a position to provide insight into the longevity of a condition as well as its immediate acute effects.

Scotland Bill

Debate between Mark Durkan and Eilidh Whiteford

Tuesday 30th June 2015 Commons Chamber

[Dr Whiteford]

That is an astute point. It shows that if we get ourselves into a muddle with the legislation and it is just a kirn, we are storing up trouble down the line. The legislation has to be future-proof as well as present-proof. We must prepare for every eventuality.

We can dance around the semantics of the current wording of the Bill all afternoon, but if Scottish Ministers have to obtain the agreement from UK Ministers on when their measures are to take effect, that is, in effect, handing the UK the ability to block or delay the implementation of policy, frustrating the legitimate democratic process and contravening both the letter and the spirit of the Smith agreement. If the Government have to go to court to enforce these measures, it should be obvious that they are less than adequate. If the Secretary of State still maintains there is no veto, I challenge him to accept amendments 118 and 119, which make that explicit and beyond all doubt.

[Mark Durkan]

rose—

[Dr Whiteford]

I am not giving way, as I am about to wind up my remarks.

This group of amendments comes down to respect—respect for the promises made to the people of Scotland; respect for our Parliament; respect for the democratic process; and, above all, respect for our citizens and our ability to make decisions in our own interests. That is, after all, what meaningful devolution is really all about.

Transatlantic Trade and Investment Partnership

Debate between Mark Durkan and Eilidh Whiteford

Thursday 15th January 2015 Commons Chamber

[Dr Whiteford]

I have read those documents, and I am glad that the hon. Gentleman raises that point. What we have had repeatedly are assertions. I read the Commission’s latest publications, which do appear to indicate that state monopolies will be protected. But elsewhere in the text, relating to services of general economic interest—namely utilities and public services—it says that they would be governed by normal competition law

“in so far as the application of such rules does not obstruct the performance in law, or in fact, of the particular tasks assigned to the enterprises in question.”

That does seem to water down the seemingly categorical assurances we have heard elsewhere. In reality, it is not at all clear that the requirement will protect public services in the absence of an explicit opt-out.

[Mark Durkan]

The hon. Lady heard the hon. Member for Crawley (Henry Smith) quote many assurances, which came from many different sources. Does she believe that they are any more reliable than the promises of the hon. Member for Skipton and Ripon (Julian Smith) to give way “later”?

[Dr Whiteford]

As ever, the hon. Gentleman makes an astute and telling point.

We need to know that there will be no obligation to open up the NHS in Scotland to US private providers, even if that is what England’s NHS decides to do, and we need to know that there is no chance whatever that the treaty will expose the Scottish Government to investor-state dispute settlement mechanisms.

People’s legitimate fears are not being assuaged. The Commission has sounded a note of caution regarding these mechanisms, because they are being misused around the world. We have seen an escalation in the number of aggressive cases being brought against countries that have made perfectly legitimate decisions. The fact that it has only happened a couple of times here does not mean that it will not happen more in future. That is why we need to debate the issues now.

I appreciate that Members will hold profoundly different views about the wisdom of opening the NHS to privatisation; indeed, some Members might see it as a one-way street, but in Scotland we have chosen a different direction of travel, and we need to be sure that that will not be derailed by complacency over the drafting of a trade agreement. I am also of the view that any disputes need to be resolved in our domestic courts, not through ISDS mechanisms.

Before I finish, I want to address some of the implications of TTIP for Scottish agriculture. There are undoubtedly potential benefits from better market access for our food and drink producers, but a number of non-tariff issues have potential downsides. My questions to the Government today focus on how they plan to address and mitigate those issues. I am particularly concerned about our livestock sector—which is key to the economy of my constituency—where risks as well as opportunities are likely to emerge from TTIP.

For example, Aberdeenshire produces some of the best beef in the world—Scotch beef that commands premium prices, is fully traceable and is produced to the highest standards of animal welfare. US beef is notably cheaper to produce. Producers in the US have some economies of scale, climate, and less rigorous compliance regimes, and they are allowed to use hormone growth promoters that are not permitted in the EU. I would like an assurance from the Minister today that TTIP will not lead to a dumbing down of production values, whether in the way animals are farmed or in the quality of the food that ends up on our plates.

It has also been suggested that protected geographic indicator labels could be a stumbling block within the TTIP negotiations. For many of our most iconic food and drink products, their origin is a core factor in the success of their brand and, critically, in the premium price it is able to command. Protected geographic indicators are essential to sustaining the livelihood of smaller-scale producers who rely on the high quality and uniqueness of their product to add value. Will the Government take the opportunity today to outline what they will be doing to ensure that PGIs are not undermined in the TTIP process, and assure Scottish beef and lamb producers that the markets for their distinctive premium products will not be harmed by opening the market to cheaper imports?

Housing Benefit (Under-occupancy Penalty)

Debate between Mark Durkan and Eilidh Whiteford

Wednesday 27th February 2013 Commons Chamber

[Dr Whiteford]

The hon. Gentleman is right. As I said earlier, it is deeply disappointing that there are not more people here to defend the Government’s policy and to debate the issues.

[Mark Durkan (Foyle) (SDLP)]

I applaud the strength with which the hon. Lady is setting out the case for the victims of this drive-by hit on the housing benefit budget throughout the UK. Does she recognise that there is an added complication in Northern Ireland? Given the geo-communal tensions and difficulties in Northern Ireland, a measure that sends out the message, “You shouldn’t be living there, you should move,” is fundamentally unsettling, not just for individual communities, but for community relations.

[Dr Whiteford]

As ever, the hon. Gentleman makes a powerful and important point. The disproportionate impact of the measure on different parts of the UK has not been thought through. The impacts on Northern Ireland clearly deserve a great deal more attention—certainly more attention than I am able to pay them this afternoon.