Hairdressing

Lord Harper Excerpts
Wednesday 7th January 2015

(11 years, 1 month ago)

Commons Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Lord Harper Portrait The Minister for Disabled People (Mr Mark Harper)
- Hansard - -

I will not be as bold as my hon. Friend the Member for Bedford (Richard Fuller), but will steer clear of commenting on the quality of Members’ hairstyling; I think I will stay on safe ground.

I am sure the House will commend the hon. Member for Llanelli (Nia Griffith) for bringing this issue to its attention. She is right that it concerns a significant industry that affects almost all the population who use hairdressers or barbers. I am familiar with the Hair Council’s campaign—my predecessor met Sally Styles, the chief executive officer, to discuss the issues—and I am aware of the recent debate on the subject in the Welsh Assembly. I am sure that the hon. Lady, in her constituency and shadow ministerial roles, will be familiar with that.

As my hon. Friend the Member for Bedford and the hon. Member for Llanelli said, the hairdressing and beauty industry is important to the UK economy. It contributes about £5 billion a year and employs about 250,000 people, and it is dominated by small and micro-businesses, with about 36,000 salons and 3,000 barbers. The majority of the work force is female and a high proportion of people are self-employed. My hon. Friend made the point about the low barriers to entry and its being a very competitive industry. That is an important tool in ensuring that an industry is well regulated, because anyone who delivers poor customer service will not be in business for long in a business that is competitive and where people share knowledge about the quality of service they receive.

Of course, nobody wants to see incompetent people in the profession, unsatisfactory conditions of hygiene or unsafe use of chemicals, all of which could impact on business owners, employees and members of the public. However, I listened carefully to what the hon. Lady said and the thing that was missing from her speech—I will perhaps not be as generous as my hon. Friend, because I do not think she made a strong case—was what is the problem that we are trying to solve. Despite the size of the industry, how many people work in it and how many customers it has, I did not hear any analysis in her speech of what the problem was. She did not set out a compelling argument that large numbers of people are damaged by incompetent hairdressers, nor did she lay out a real problem that we are trying to solve. She laid out some theoretical risks, but they are not risks in practice. The Government’s position on health and safety regulation is that we should take a proportionate approach to risk and have regulation to deal with the amount of risk that exists, not overburden industry with unnecessary red tape.

Nia Griffith Portrait Nia Griffith
- Hansard - - - Excerpts

Does the Minister not accept, though, that rather than waiting for disasters and scandals to happen, it is better to see what we can do in advance? This is a widespread industry; lots of teenagers go and get their hair done and all the rest of it; and just as we have seen with tanning salons and tattoo parlours and so forth, people sometimes end up doing things that perhaps are inappropriate. Would it not be better to put in place a system that we can properly use, rather than just leaving things to drift?

Lord Harper Portrait Mr Harper
- Hansard - -

This comes back to one of the points made by my hon. Friend the Member for Bedford. The hon. Lady’s argument might have some force if we were talking about a radical new industry, but we are talking about something that has been around for a long time and that has a clear track record showing that the problem that she suggests might occur is just not there. There is a genuine issue about how health and safety regulation can ensure that people can go to work and return home safely, not be killed, injured or damaged, and that members of the public can have the same protection. However, the Government’s general approach to regulation, particularly in the health and safety space, is to ensure that it focuses on where the risks are, not where they are not. As I have said, I did not hear in her speech a compelling case for the problem that she is trying to solve, and I do not think there is one, which is why I am not attracted to her solution.

Madeleine Moon Portrait Mrs Moon
- Hansard - - - Excerpts

My hon. Friend the Member for Llanelli (Nia Griffith) made the point that the industry has moved on. We have moved on from the days of the short back and sides for men. Men now have more products used on their hair, as do women. Women are having hair extensions, which can result in hair being pulled out, and are having different chemicals used on their hair all the time. Hairdressing is a more technically-minded industry, rather than just a creative, simplistic industry, where people went for a perm or a set, or a short back and sides. It is that change in the nature of the industry that has led to calls for greater regulation.

Lord Harper Portrait Mr Harper
- Hansard - -

I will come to the point about regulating the use of chemicals in a minute, but as I have said, I do not think a compelling case for the problem has been set out.

We welcome what the Hair Council does in operating its voluntary registration scheme and we support initiatives to improve professional competence and standards. However, it is interesting that about 10% of hairdressers—that is my understanding; I do not necessarily agree with the exact statistic used by my hon. Friend the Member for Bedford—are registered in the voluntary registration scheme that was implemented under the 1964 Act. Although the hon. Member for Llanelli said that the industry would support compulsory registration, the fact that only 10% of those in the industry are registered with the Hair Council suggests to me that they do not think there is a compelling argument that membership of that organisation is necessary to show their customers that they have the appropriate competence and skill. I think my hon. Friend is right: when people get a hairdresser they are confident in, they tend to stick with them for quite a long time. In my experience, good hairdressers have a good reputation and attract business in that way, and poor ones go out of business very quickly. I do not think the evidence suggests that the industry wants compulsory registration.

My hon. Friend is also right that the idea that a state registration scheme is a guarantee that everything will be fine is simply not right and is not shown by a range of other industries that have elements of regulation where that does not guarantee high quality. The thing that guarantees high quality is a competitive industry, low barriers to entry and a competitive marketplace. People who deliver poor customer service will not be around for very long. The evidence suggests that hairdressing is a generally well run sector of the economy and that the individuals and businesses supported by the trade bodies take sensible and proportionate measures effectively to manage the health and safety risks to their employees and customers.

The hon. Member for Llanelli said that there were not any measures or regulations to protect people in the industry at the moment. That is simply not true. Businesses operating in the hairdressing sector are covered by health and safety at work legislation and public health legislation, which are enforced by local authorities. They are covered by the provisions within the Health and Safety at Work etc. Act 1974 and the Management of Health and Safety at Work Regulations 1999, which set out requirements about identifying hazards, the control of risks, the provision of training and information for staff and the need for advice. If chemicals are used, there are other regulations about controlling substances hazardous to health, the use of work equipment, manual handling, welfare and personal protective equipment. There are already quite a lot of regulations, with which a hairdresser or hairdressing salon has to comply to ensure that they do not present a risk to their customers or their members of staff.

Nia Griffith Portrait Nia Griffith
- Hansard - - - Excerpts

What research has the Minister done on the level of understanding of that legislation by hairdressers who go house to house to work?

Lord Harper Portrait Mr Harper
- Hansard - -

I have not done any specific work on that, but I do not think there is any evidence that there is a problem to be solved. Everyone who runs a business has to comply with health and safety legislation, but it is proportionate to the risk that they run. As I said, I agree with my hon. Friend the Member for Bedford; I do not think the evidence suggests a risk in this industry to justify imposing a state registration scheme. That is the first point, and the second is that I do not think there is any evidence that if we did so, it would have any impact on making the industry better. It is generally a well run industry, with some high-quality individuals and businesses operating, which delivers good customer service.

As well as providing a legislative framework, the Health and Safety Executive produces guidance for small businesses. It has an example risk assessment for hairdressing salons, which is accessed between 200 and 400 times each month. It goes through the common hazards that might be present in a hairdressing salon, the harm that can be caused to staff and customers and it suggests the sorts of actions that salons and hairdressers can take to control the risks. The HSE works closely with the National Hairdressers Federation and the Hairdressing and Beauty Industry Authority, which is the Government-appointed sector skills body that controls the standards that form the basis of all qualifications, to raise awareness of health issues.

The hon. Lady mentioned the training aspects. In my constituency, the Forest of Dean campus of Gloucester college trains people in the hair and beauty industry. I have been along myself and I recall for a short period sitting in the chair as a model while various people practised on me. That demonstrated the high level of skill and training in the industry. The college works closely with local employers and the standards are very high.

A good example of joint working was the “Bad Hand Day” campaign, which the HSE ran in partnership with the industry to raise awareness of how to prevent hairdressers suffering dermatitis. The HSE has run a recent health and safety campaign, which targeted small businesses across a number of industries, including the beauty industry. The HSE produced “Health & Safety ABC: An easy guide to health and safety”, which was supported by both the Hairdressing and Beauty Industry Authority and the National Hairdressers Federation, while 92% of those surveyed in the beauty industry said that the health and safety of their customers was either a major or moderate concern. Most people in the industry recognise that there is something they need to be concerned about and take appropriate steps to deal with it.

There are some other regulations under the Public Health (Control of Disease) Act 1984, and a new suite of health protection regulations came into effect in April 2010. This updated an “all hazards” approach, dealing with infections and contaminations. Public authorities are thus able to respond to modern-day health hazards. As well as local authorities, Public Health England, Public Health Wales and Health Protection Scotland have an interest in protecting the public from harm in the wider beauty industry.

Hairdressing products, which the hon. Member for Bridgend (Mrs Moon) mentioned, are also regulated—I am sorry to say this to my hon. Friend the Member for Bedford—under the EU cosmetics directive, which offers a further layer of protection for customers in that any product used must be authorised, properly labelled and packaged.

My hon. Friend the Member for Bedford and the hon. Member for Llanelli compared these proposals with measures taken to control other professions in the beauty industry, and the hon. Lady specifically mentioned other cosmetic treatments. There is a distinction between the Health and Safety at Work Regulations 1999 and wider public health legislation that regulates more invasive cosmetic treatments, such as the one that she mentioned. It is necessary to apply regulation that is proportionate to risk. The report to which she referred was clearly a response to some of the risks involved—I think I am right in saying that it was triggered partly by some of the fall-out from the issue of breast implants—and I do not think that it is relevant to the hairdressing industry.

Local authorities have powers, under various local Acts, to exercise a proper degree of control over standards of health and hygiene, which includes the cleanliness of premises, instruments and equipment, and they have powers to inspect. They take enforcement action, such as prosecuting poorly performing hairdressing salons, under the existing regulatory framework. Notwithstanding what was said by the hon. Lady, there is already a fairly comprehensive regulatory framework, which is designed to protect both staff and customers in hairdressing salons. If people comply with that legislation, the risks—which are relatively low—will be properly controlled, and I therefore see no case for extending it.

My hon. Friend the Member for Bedford referred to moves on the European front, specifically the European framework agreement on the protection of occupational health and safety in the hairdressing sector. The Government do not want that agreement to become a compulsory directive, and we have been working with like-minded states to prevent its implementation as such. We have no objection to a voluntary scheme, but, having analysed the agreement, we think that it duplicates a great deal of existing legislation. Moreover, an initial assessment suggests that it would impose an extra cost of £75 million on hairdressing businesses in the United Kingdom alone, without improving existing standards.

My hon. Friend mentioned nail salons. They are effectively covered by the same regulatory framework as hairdressers, so they must comply with the same health and safety regulations and public health legislation.

The hon. Member for Llanelli asked whether insurers could require hairdressers to be state-registered. Hairdressing businesses, like all other businesses, are already required to have employers’ liability insurance, and responsible businesses will have public liability insurance as well. Again, a regulatory framework already ensures that businesses providing these services are properly insured and therefore have the appropriate financial resources if they cause damage to their customers.

I do not think that the hon. Lady has set out a problem that needs to be solved. Hairdressing is an important industry that employs a great many people, is generally well run and delivers a good customer service, but it is already subject to a comprehensive range of regulatory laws contained in primary and secondary legislation that ensures that the risks must be dealt with properly.

Alison Seabeck Portrait Alison Seabeck
- Hansard - - - Excerpts

Throughout the Minister’s speech—it has been an interesting speech, in which he has expressed a different view from that of my hon. Friend the Member for Llanelli (Nia Griffith)—he has referred to a lack of evidence. Given that 70% of hairdressers suffer from conditions such as dermatitis at some point in their lives, there is no doubt that customers will also be subject to problems caused by chemicals, latex gloves and other equipment. Customers may enter salons without fully understanding some of the risks, particularly if the staff are not particularly experienced. That is a significant issue. The Minister says that he is opposed to regulation, but would it not be worthwhile to carry out research among customers as well as hairdressers about the nature of the problems that people experience in salons, given that we clearly do not know enough about it?

Lord Harper Portrait Mr Harper
- Hansard - -

The alternative way of looking at that is that if there was a real problem, we would know about it. As constituency MPs, lots of issues come to our attention, and I am digging through my memory and in my nine years as a Member of Parliament I do not think I have ever had a single letter complaining about appalling treatment by a hairdressing salon in my constituency. In fact the opposite is the case; I have been fortunate enough to go to salons in my constituency to present awards to high performing and well-trained members of staff. If there was a real problem that affected significant numbers of people, I think we would know about it.

Alison Seabeck Portrait Alison Seabeck
- Hansard - - - Excerpts

We have some fantastic salons in Plymouth, all of which are performing incredibly well, but if we go on Google and type in “hairdressing” and “accidents”, enormous numbers of messages from solicitors’ firms pop up on our screen saying, “Let us help you with your claim against your hairdressers”, so something is clearly going on out there.

Lord Harper Portrait Mr Harper
- Hansard - -

I hope that the hon. Lady will forgive me for saying that just because there are lots of ambulance-chasing lawyers around trying to dream up and invent legal actions in a particular sector does not necessarily give a good indication of whether there is a problem to solve. We all know about such lawyers trying to dream up and invent legal actions; we have seen what happens with people trying to sue others for car accidents and inventing claims and driving up motor insurance premiums. In the hairdressing sector, therefore, given that we already have a range of health and safety legislation, I do not think further legislation would deliver much gain to employees or customers.

The issue the hon. Member for Llanelli was raising was professional standards and competence among hairdressers. The Government believe such matters are often best dealt with by businesses and their representative bodies. They know how to improve standards. That is very effective in a competitive business with low barriers to entry and no reason why people cannot switch very easily, so the Government are not in favour of mandatory state registration for hairdressers, and as I said to my hon. Friend the Member for Bedford, we oppose the European social partner agreement becoming a compulsory directive.

The Health and Safety Executive will continue to work with all the various bodies representing the hairdressing industry, to maintain good standards of employee and customer health and safety. That is an appropriate way for what is a generally very well run and excellent industry to continue to be regulated.

Question put and agreed to.

Access to Work

Lord Harper Excerpts
Thursday 18th December 2014

(11 years, 1 month ago)

Written Statements
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Lord Harper Portrait The Minister for Disabled People (Mr Mark Harper)
- Hansard - -

In the course of my evidence to the Work and Pensions Select Committee inquiry into Access To Work, I accepted that during the reorganisation of access to work operations, from April to October 2014, we had not met our customer service standards. Today I am pleased to report that we have achieved a significant improvement in customer service well ahead of schedule and our outstanding claims awaiting payment are now generally running at less than one day’s worth of intake, compared with nearly 18 days’ worth in October, so that payments will usually be made within 10 working days of receipt of a claim.

In addition I set out that I did not wish to delay making further improvements to the programme, which is on course to support more disabled people in work than last year. I am therefore pleased to announce the following improvements:

establishing specialist teams to ensure that they understand the issues faced by customers and can produce consistent decisions. We have already established teams covering deaf and hearing loss customers, visually impaired customers and those with mental health conditions, and others are being considered;

setting up a technology and innovation forum to help customers, stakeholders and staff understand how existing and emerging technology can help provide the support disabled people need to get and keep employment;

working with stakeholders on a series of events early next year to raise awareness of the Mental Health Support Service;

ensuring that communication with customers can be made via email more easily, subject to the customer’s request for a reasonable adjustment. This will better meet customer accessibility requirements and greatly speed up the resolution of cases;

working with stakeholders to develop user-friendly guidance, with the aim of beginning to publish this by the end of March 2015;

improving transparency of the programme. I will set out more information about programme performance in the next set of official statistics due in January, and at that time will explore how this can be further expanded in subsequent releases.

Finally, I will consider carefully the findings of the Work and Pensions Select Committee Report into Access to Work when it is published and will respond to it in due course.

Housing Benefit (Abolition of Social Sector Size Criteria)

Lord Harper Excerpts
Wednesday 17th December 2014

(11 years, 1 month ago)

Commons Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Rachel Reeves Portrait Rachel Reeves
- Hansard - - - Excerpts

If the right hon. Gentleman participated in previous debates on this matter, he would know that the rule for private housing was not retrospective, so it did not affect people who were already living in their accommodation. In addition, in the private sector there is no security of tenure, which has hitherto existed in the social rented sector.

The numbers affected by this indefensible policy are shocking, but it is individuals and families whom we must keep in mind. I want to tell the House about a young man I visited at his home in west Wales a few weeks ago. Warren Todd is 15 years old. He has a rare chromosomal disorder called Potocki Shaffer syndrome, which affects the development of his bones, brain and other organs, and means that he suffers from epilepsy, autism, skeletal problems and learning disabilities. For most of his life, Warren has been cared for by his grandparents, Sue and Paul Rutherford. They have dedicated their lives to giving him a decent childhood and, by enabling him to live at home instead of residential care, they are saving us, the taxpayer, thousands of pounds every week.

We should celebrate and applaud the incredible contribution that these people are making to Warren’s life and to our country, but instead this Government have deducted £60 a month from their housing benefit, because they live in a bungalow with three bedrooms, one of which is deemed a spare bedroom, chargeable under the bedroom tax. They asked the Prime Minister to visit them in their home and see why they needed that room. Warren’s grandfather said:

“If he”—

the Prime Minister—

“saw how we were living he would end the tax straight away. But of course he hasn’t been to see us”.

I have seen this “spare bedroom”, which is crammed with special equipment for Warren and a sofa bed for respite carers to use. There is nothing remotely “spare” about it. Without it, the Rutherfords could not possibly do the incredible job they do of looking after Warren at home.

The bungalow has been fitted with a track system and hoist to help Warren into the bath, his bed, and on to the sofa. It would cost a fortune to replace and reinstall it if they had to move to another property. There are countless other cases like that of people whose lives have been turned upside down by this punitive and indefensible tax on bedrooms.

Lord Harper Portrait The Minister for Disabled People (Mr Mark Harper)
- Hansard - -

I am listening very carefully to the hon. Lady, and I think she would want the House to have all the facts. I read the details of her visit, but is it not the case that that family receive a discretionary housing payment, for exactly the reasons that we put this policy in place? They have not suffered any financial penalty from this policy at all, so perhaps she should fill the House in and give a full picture of the case, rather than tell a partial story?

Rachel Reeves Portrait Rachel Reeves
- Hansard - - - Excerpts

I was going to come to the discretionary housing payment, but I shall discuss it now. Leeds, where I am a Member of Parliament, received £1.9 million in discretionary housing payment in 2013-14, but it spent £2.27 million, and the Government made up the shortfall. In 2014-15, Leeds city council has been given just £2.05 million, and has been told that there is no option to apply for more. The council has put in £0.35 million of its own money, but spending to date is forecast to exceed what it has set aside, including that extra money. The point about discretionary housing payment is that there is not enough money to cover all the cases, and city councils and councils across the country have had to use their own money to make up the Government shortfall.

By its very nature, discretionary housing payment is just that—discretionary—and people only find out on a year-by-year basis whether they will receive the money. People who receive it have no certainty that they will be able to stay in their house next year or the year after that. If the hon. Gentleman can give certainty to the Rutherfords and the thousands of families across the country who receive discretionary housing payment that they will receive it next year and the year after that, that would be extremely welcome, but I do not think that he can do so.

Lord Harper Portrait Mr Harper
- Hansard - -

The discretionary housing payment guidance specifically makes provision for councils to make longer-term awards in cases in which it takes longer for people to adjust to the policy. My right hon. Friend the Chancellor of the Exchequer set out the extra money for DHP for the next financial year to give councils that financial certainty. We have indeed done what the hon. Lady said.

Rachel Reeves Portrait Rachel Reeves
- Hansard - - - Excerpts

Well, my own council has received less money from the Government this year compared with last year, so some people who received DHP last year will not receive it this year. Leeds city council says that there have been more applications for DHP this year. My understanding is that the overspend last year was £3 million, so people are applying for DHP but are just not getting it.

--- Later in debate ---
Lord Harper Portrait The Minister for Disabled People (Mr Mark Harper)
- Hansard - -

I beg to move an amendment, to leave out from “House” to end and add:

“regrets that the Government took over a housing benefit bill which was out of control, and without reform would have been more than £26 billion in 2014-15; notes that the reforms the Government has implemented have brought housing benefit spending under control and helped to tackle over-crowding and better manage housing stock; further notes that the Coalition has protected vulnerable groups through £165 million of discretionary housing payments in 2014; notes that, following the interim evaluation of the policy, the part of the Coalition led by the Deputy Prime Minister has proposed reforms to introduce other formal exemptions to the policy, including where claimants have not been made a reasonable alternative offer of accommodation; and believes that the Opposition’s failure to support the Government’s wider welfare reforms, including the wholesale abolition of this policy, is financially unsustainable, and would put at risk savings of nearly £50 billion over the present Parliament, as well as leaving people languishing in over-crowded accommodation.”

I am very pleased to move the amendment. It is interesting that the hon. Member for Leeds West (Rachel Reeves) spent so little time on how she was going to pay for this policy. When I explain a little later the costs of her policy and how her proposed ways of paying for it are not going to work, I think the House will probably realise exactly why that was. Today’s debate speaks volumes not so much about what Labour Members say but about what they do not say.

Andy Slaughter Portrait Mr Andy Slaughter (Hammersmith) (Lab)
- Hansard - - - Excerpts

Will the Minister give way?

Lord Harper Portrait Mr Harper
- Hansard - -

No, I will not. I have barely started my speech, and I want to make sure that I finish in the 20 minutes or so that the occupant of the Chair indicated. [Interruption.] The hon. Member for Bristol East (Kerry McCarthy) says from a sedentary position that the shadow Secretary of State gave way. She gave way generously to Members on her own side of the House but not very generously to Members on our side. I am happy to give way when I have uttered more than one sentence.

Today of all days, Labour would rather talk about anything than the positive jobs figures that we are seeing. More people are in work than ever before—up by 590,000 on the year and up by 1.7 million since 2010. More women are in work than ever before— up by 300,000. More disabled people are in work—up by over a quarter of a million.

Lord Harper Portrait Mr Harper
- Hansard - -

Labour Members do not like to hear this, do they? Let me just finish this good news on today’s jobs figures and then I will be happy to give way to the hon. Lady. More people are in private sector jobs than ever before—up by nearly 2.2 million since 2010. At the same time, unemployment has fallen, youth unemployment has fallen, long-term unemployment has fallen, and the number of people on the main out-of-work benefits is at its lowest for 24 years.

Sheila Gilmore Portrait Sheila Gilmore
- Hansard - - - Excerpts

Any suggestion that any Labour Member does not welcome the fall in unemployment is simply not the case. In relation to this debate, is the Minister not aware that people in work can be, and are, subject to the bedroom tax?

Lord Harper Portrait Mr Harper
- Hansard - -

I am very familiar with the way that the policy works, and that is why it is perfectly relevant for me to point out how many people are in work. I did not say that Opposition Members did not welcome the fall in unemployment; I simply pointed out that they do not like talking about it. It is not the only thing they do not like talking about.

None Portrait Several hon. Members
- Hansard -

rose

Lord Harper Portrait Mr Harper
- Hansard - -

It is very cynical that Labour has chosen on their Opposition day to have a debate that is contrived to scare people, instead of welcoming the record employment figures. I say that because the hon. Member for Leeds West referenced a specific case, which she went through in considerable detail, but omitted to mention the very significant point that the family in question get a discretionary housing payment and so suffer no financial penalty. When I intervened on her, she still would not confirm that I was in fact right and she had omitted to share that information with the House.

None Portrait Several hon. Members
- Hansard -

rose

Lord Harper Portrait Mr Harper
- Hansard - -

If one is going to lay out a case for the House, one should share all of it. Trading individual cases and trying to politicise them is not the right thing to do; we should discuss the policy. I could cite a number of cases where the spare room subsidy has led to a positive position for someone’s housing, but that is not a very sensible way of proceeding. If one is going to lay out a case, one should lay it out in full and not mislead the House. [Interruption.]

Baroness Primarolo Portrait Madam Deputy Speaker (Dame Dawn Primarolo)
- Hansard - - - Excerpts

Order. The rest of the House might not want to listen to the Minister, but I do. If he is going to give way to a Member, he will indicate that to them. Members on both sides of the House should just chill out a little bit. Let us hear what the Minister has to say.

Lord Harper Portrait Mr Harper
- Hansard - -

I am very keen to give way during the debate, but I am also conscious of the fact that quite a number of Members wish to speak.

Baroness Primarolo Portrait Madam Deputy Speaker
- Hansard - - - Excerpts

Order. I have just been prompted about something that I did not hear because of the row. Apparently the Minister said something about misleading the House. Did he accuse the hon. Member for Leeds West (Rachel Reeves) of misleading the House? Will he confirm that he did not say that?

Lord Harper Portrait Mr Harper
- Hansard - -

I am very happy to confirm that I do not think that I said it, but if I did, then it is not what I meant to say. I was very clear that the hon. Lady was telling half a story and was not giving the House all the facts on which to make a balanced judgment.

Lord Harper Portrait Mr Harper
- Hansard - -

I have given way to an Opposition Member, so I give way to my hon. Friend.

Baroness Bray of Coln Portrait Angie Bray
- Hansard - - - Excerpts

I absolutely appreciate the principle that we need to match housing to housing need, and we certainly need more family-sized houses for larger families. Does my hon. Friend agree, however, that for the spare room subsidy policy to work fairly, as well as effectively, there will have to be a sufficient number of one-bedroom properties for those who have to downsize to move into, so that they do not face penalties when they are trying to do the right thing but cannot?

Lord Harper Portrait Mr Harper
- Hansard - -

My hon. Friend makes a good and sensible point. It is worth putting on the record that there are 1.4 million one-bedroom homes across the social rented sector, with significant turnover. Sixty per cent. of social sector tenants require only one bedroom because they are single or childless couples, and local authorities and housing associations are now starting to match their new building more accurately to that profile. Seventy-seven per cent. of homes approved under the new affordable housing scheme are one or two-bedroom homes—up from 68% in the last round—and the proportion of one -bedroom homes is up from 17% to 20%. The policy is having the desired effect in terms of the building of new homes.

None Portrait Several hon. Members
- Hansard -

rose

Lord Harper Portrait Mr Harper
- Hansard - -

Let me make a little more progress.

It is also worth putting on the record that, when Labour Members were in power, they increased spending on a broken welfare system by 60%. They have rejected every welfare reform that we have implemented. They are seeking immediate abolition of this policy, which restores fairness. As my right hon. Friend the Member for Banbury (Sir Tony Baldry), who is no longer in his place, said, it brings the social sector into line with a policy that Labour Members themselves advocated for the private rented sector, and it ends the unfairness of 820,000 spare rooms being paid for by taxpayers when 250,000 people were living in overcrowded homes and 1.7 million were on waiting lists, as was the case when this reform was implemented. The Government are determined to help those families as well. Numbers on waiting lists have now fallen by a fifth to 1.4 million—the lowest for a decade.

Lord Harper Portrait Mr Harper
- Hansard - -

I am sure that the hon. Lady will welcome that.

Baroness Keeley Portrait Barbara Keeley
- Hansard - - - Excerpts

I hate to disappoint the Minister, but I will not welcome the figures he has quoted. He is making a point about fairness. Does he think it is fair that 60,000 carers should have to pay the bedroom tax? They do not have spare rooms; they are essential rooms that they need to sleep in so that they can carry on their caring. It is cruel to keep on repeating that when 60,000 people who are struggling, unpaid, to care, and saving the state a lot of money, are not exempt from this cruel tax. Is that fair?

Lord Harper Portrait Mr Harper
- Hansard - -

Someone who has an overnight resident carer is exempt from the policy. To deal with particular circumstances, we have given local authorities the ability to use discretionary housing payments in what they judge to be appropriate cases. I am sorry that the hon. Lady would not welcome the news that waiting lists have fallen by a fifth to 1.4 million. That is a very welcome statistic, showing that fewer families are waiting for homes because we are now using the housing stock in the social sector more efficiently.

Alec Shelbrooke Portrait Alec Shelbrooke (Elmet and Rothwell) (Con)
- Hansard - - - Excerpts

While my hon. Friend is on the subject of fairness in the system, does he think it is fair that the Labour-run council in Leeds has spent almost £3 million on new websites, furniture and tarting up meeting rooms rather than on concessionary payments?

Lord Harper Portrait Mr Harper
- Hansard - -

My hon. Friend makes a good point. Local authorities obviously make decisions about how they spend money. If they have indeed spent it on the things that he mentioned rather than on assisting families, their voters can make a judgment on that when they come to make these decisions at the appropriate time. I am glad that he put that on the record.

--- Later in debate ---
Lord Harper Portrait Mr Harper
- Hansard - -

Let me make a little more progress and then I will give way again.

Labour’s motion says nothing about the costs of its proposal. That is not really a surprise. It is, of course, a fact that the removal of the spare room subsidy is saving money: £490 million in 2013-14; £525 million in 2014-15; and £830 million to date, with savings increasing in future years. Abolishing this reform would cost over £500 million a year. The shadow Work and Pensions Secretary has made an “absolute pledge” to do so, but she has no idea of how she is going to fund it.

Rachel Reeves Portrait Rachel Reeves
- Hansard - - - Excerpts

We did say, in 2013, how we would pay for that. There are three different measures. First, we would reverse the Chancellor’s tax cut for hedge funds announced in the 2013 Budget, which it is estimated will save £150 million. Secondly, we would reverse the Chancellor’s shares-for-rights scheme, which has opened up a tax loophole and will lead to £1 billion being lost to the Exchequer, according to the Office for Budget Responsibility. Thirdly, we would tackle disguised self-employment in the construction industry, which—again, these are Treasury estimates—will save £380 million. That would happen in every single year and more than pay for the cost of cancelling the bedroom tax.

Lord Harper Portrait Mr Harper
- Hansard - -

First, it is interesting that the shadow Secretary of State did not bother to share any of that detail with the House in her speech. She was trying to avoid doing so, but I am very pleased that she has put those points on the record. Let us look at the three measures.

The first proposal is to ensure that the building trade pays its fair share of tax, which the hon. Lady said would raise £380 million. In fact, the Government are already cracking down on the use of intermediaries and contrived contracts, including in construction. The changes announced in the autumn statement in 2013 are already saving more than that amount, so the revenue that Labour says it could raise no longer exists.

The second proposal, to reinstate the stamp duty reserve tax charge, would place a £160 million charge on pensions; the Chancellor did not provide a tax cut for hedge funds. That means that the impact of Labour’s tax rise would fall on pension savers and retail investors. That is the same old Labour—balancing the books on the backs of pensioners.

The last proposal, to end the employee shareholder scheme, is even better, and Members will want to listen. Labour has pledged to reverse the removal of the spare room subsidy immediately, but in 2015-16, ending the employee shareholder scheme will raise no revenue for the Exchequer.

The House can see that the three measures are not going to pay for the Labour policy. If the country were unfortunate enough to have the hon. Lady in the position so ably occupied by my right hon. Friend the Secretary of State, I am afraid that when she walked in on day one she would already have a £500 million hole in her funding, and would have to find some other way of funding the payments. The Government have capped welfare, restored fiscal discipline and seen the first real fall in welfare spending for 16 years, in contrast to more unfunded spending commitments and going back to more borrowing, more spending and more taxing once again.

Maria Miller Portrait Maria Miller
- Hansard - - - Excerpts

Does my hon. Friend share my concern about Opposition Members’ scaremongering, which may cause so much fear and concern, particularly among parents of disabled children, even though he and his colleagues have already put in place clear provision to make sure that disabled children get the support they need?

Lord Harper Portrait Mr Harper
- Hansard - -

My right hon. Friend, who is very familiar with this policy area, is absolutely right. We have put in place clear policies for disabled children. As in the case highlighted by the shadow Secretary of State, discretionary housing payments have been put in place specifically for cases that are complex and cannot be dealt with under the rules. Ample protection is in place for the families who need it.

There is no clearer illustration of Labour’s reckless lack of control than housing benefit. Under the previous Government, housing benefit spending increased by nearly 50% in real terms, from £16 billion to £23 billion. If we had not reformed it, spending would have risen to more than £26 billion this year. We have brought that figure down by £2 billion, and last year saw the first real-terms fall in housing benefit for a decade.

Lord Harper Portrait Mr Harper
- Hansard - -

That is something to welcome, and I am sure the hon. Gentleman will do so.

Geraint Davies Portrait Geraint Davies
- Hansard - - - Excerpts

I will respond to that point. Does the Minister accept that 70% of the doubling of housing benefit in the past 10 years has been due to rent rises? The strategic solution should not be to inflate rents and housing costs, but to build more houses, which is the opposite of what he is doing. He will end up with housing benefit costs that are higher, not lower, because of his incompetence.

Lord Harper Portrait Mr Harper
- Hansard - -

With the greatest respect, the period during which the housing benefit bill rose so fast, as the hon. Gentleman has just said, was of course when his party was in government. He is quite right about the need to build more houses, but housing starts fell to a historical low under Labour. We have actually increased the building of new homes. Nearly 500,000 homes have been built since 2010, and a further 275,000 affordable homes will be built from 2015 to 2020. More affordable homes are planned over the next Parliament than in any equivalent period in the past 20 years. The point he makes is right, but this Government have absolutely dealt with it. Overall, the changes we have made to housing benefit will save £6 billion during this Parliament.

The removal of the spare room subsidy is a key part of the reforms. Despite some outlandish claims about its effect, it is working. In the interim evaluation, half of those affected and unemployed had looked for a job, and one in five of them intended to plan to earn more. It was alleged that the change would move people into poverty. In fact, the figures show that thousands of those affected have moved into work.

Despite the Opposition’s scaremongering about evictions and arrears, the evidence has been to the contrary. The latest statistics show—[Interruption.] If we are to have a sensible debate about such matters, it would help if people did not make outlandish claims. I listened very carefully to the intervention by the hon. Member for Westminster North (Ms Buck). It is worth remembering that, when we discussed the benefit cap, she said that huge damage would be done to the 400,000-plus working households in private rented accommodation. However, we know from work that we published this week that 41% of people affected by the benefit cap are more likely to go into work. People are doing more to find work, and the policy has actually been very successful. In London, where the highest number of people are subject to the benefit cap, very few people have actually moved, and those who have moved have not moved great distances.

Karen Buck Portrait Ms Buck
- Hansard - - - Excerpts

Will the Minister give way?

Lord Harper Portrait Mr Harper
- Hansard - -

Since I mentioned her, I will of course give way to the hon. Lady.

Karen Buck Portrait Ms Buck
- Hansard - - - Excerpts

Perhaps the Minister will explain to the House why, in the last year alone, there has been a rise of almost 30% in the number of households forced outside the area in which they originate? That is in contradiction to the advice given by Housing Ministers for years and years that homeless households should not be placed outside their local authority.

Lord Harper Portrait Mr Harper
- Hansard - -

It is simply not the case that people have been pushed out of London: 84% of the capped households in inner London that have moved continue to live in the central boroughs. The idea that hundreds of thousands of people would be forced out of London is simply not true.

Oliver Heald Portrait Sir Oliver Heald (North East Hertfordshire) (Con)
- Hansard - - - Excerpts

The Minister is making a point about employment and people moving into work. Is not the end of dependency a huge social change? Each one of those people has been helped by this Government.

Lord Harper Portrait Mr Harper
- Hansard - -

My hon. and learned Friend is absolutely right.

According to the latest statistics, landlord claims for possession across the whole social rented sector are down 14% on the year, and warrants for eviction are down 3%. Housing association rent arrears have fallen on the year, and rent collections are stable at 99%. We have not seen a mass exodus to the private sector. Social sector lettings have increased, moves from the social sector to the private rented sector have fallen—down almost 20,000 since 2010-11—and, as I have said, the cost of paying housing benefit in the private sector has fallen in real terms for the past two years, in contrast to what happened when the Labour party was in power.

As we approach the general election, we face a choice. The Opposition talk about welfare waste, but they wasted £26 billion on botched IT and lost control of welfare spending when they were in government. They also wasted the lives of a lot of our constituents. At its peak, there were 5 million people on out-of-work benefits—1 million for a decade or more—while youth unemployment increased by a half, long-term unemployment doubled in two years, one in five households were workless and the number of households in which no one had ever worked almost doubled.

None Portrait Several hon. Members
- Hansard -

rose

Lord Harper Portrait Mr Harper
- Hansard - -

I will make some progress, because I am keen to allow other Members to speak.

We are now seeing record employment. Two thirds of the rise over the past year has been accounted for by UK nationals, and 95% of the increase is in full-time work. Some 600,000 people have started a job through the Work programme. More than 50,000 households have had their benefits capped, while 12,000 have moved into work or are no longer on housing benefit.

It is small wonder that Labour does not want to talk about the jobs figures, the economy or immigration. As we learnt from the recently released document, Labour’s approach is, “If you don’t want to talk about something, change the subject.” I do not blame them: it is the only thing to do with policies that are uncosted and unfunded.

This debate is a manoeuvre to avoid talking about our successful long-term economic plan of halving the deficit by the end of this year, meeting the welfare cap commitment in every year of the forecast, reducing welfare spending as a proportion of GDP, making reforms that will save nearly £50 billion over this Parliament, and restoring hard-won security, hope and aspiration to families across Britain. Having listened to the Opposition, I have one thing to say: they need more time in opposition to work out why the public do not believe they are fit for office.

None Portrait Several hon. Members
- Hansard -

rose

--- Later in debate ---
Anne Begg Portrait Dame Anne Begg
- Hansard - - - Excerpts

I am afraid I do not have that figure.

Lord Harper Portrait Mr Harper
- Hansard - -

rose—

Anne Begg Portrait Dame Anne Begg
- Hansard - - - Excerpts

I suspect that the Minister is seeking to intervene on me to tell me the figure, and I will give way to him in a moment. I suspect that across the country, if the situation is anything like in Aberdeen, the houses with fewer bedrooms are in the private rented sector. However, many people cannot afford to go into that sector, because the cap that the Government have introduced on the local housing allowance means that they cannot find anywhere that they can rent. That is despite the fact that the cap is higher than the rent they were paying when they were living in a two-bedroom council house.

Lord Harper Portrait Mr Harper
- Hansard - -

I apologise if the House did not spot this when I mentioned it in my speech, but moves from the social sector to the private rented sector have actually fallen. The English housing survey—I admit that this is not in Scotland—shows that they are down by 20,000 since 2010-11. The number has fallen, so people are not being driven from the social sector to the private sector. It is actually the other way round.

Anne Begg Portrait Dame Anne Begg
- Hansard - - - Excerpts

That fits with what is happening in Aberdeen. People are not going into the private rented sector, because it is too expensive. Rents are above the cap that the Government have set. The irony is that the Government are prepared to pay money up to a cap that is higher than the amount that people would be paying in rent if they were not subject to the bedroom tax. That is the important point.

It is not much good for the Minister to give the number of one-bedroom properties across the whole country, because when the Housing Minister, the hon. Member for Great Yarmouth (Brandon Lewis), appeared before the Work and Pensions Committee and was asked where the spare capacity was, he said that it was in Grimsby. That is not much good to people in Aberdeen who cannot find a house to move to.

I assure Ministers that there are no places in Aberdeen for people to move to. In fact, there is a labour shortage because there are not enough properties to allow people to come and work and live in Aberdeen. That is a real problem, and the bedroom tax does nothing to mitigate it. If anything, it makes the situation worse, because it makes people feel insecure in what should be a secure tenancy. They are often in houses that they have lived in all their lives and seen their families grow up in, but now they are either being forced to pay extra or being forced out of their houses and finding that there is nowhere else for them to go. That is why the policy is pernicious and should be scrapped.

--- Later in debate ---
John Robertson Portrait John Robertson
- Hansard - - - Excerpts

The one thing we know about Ministers, who are having a wee chat among themselves, is that they do not listen to anybody. That is the problem with the Government. They sit and have their little chats because they are bored by the common people in the Opposition trying to help them. [Interruption.] They can say what they like, but that is how it looks to me.

Lord Harper Portrait Mr Harper
- Hansard - -

I was listening carefully to the hon. Gentleman, and I was quite surprised by his comments, because the Scottish Government have decided to use some of their own money to ensure that people in Scotland are not affected by the spare room subsidy withdrawal.

John Robertson Portrait John Robertson
- Hansard - - - Excerpts

The Minister is right, except for one thing: it was thanks to the Labour party north of the border frightening the Scottish Government into it. [Interruption.] They are having a wee chat again, but that’s okay. He misses the whole point. This is about people who care. It is about a side of government he does not understand. The Opposition worry about people who do not have much. Whether they live in Scotland, Wales, Northern Ireland or England, I still care about the people of this country. I am a United Kingdom Member of Parliament, and I will look after everyone within this nation.

I want to mention a couple of cases. John, a disabled man, lives on his own and has two teenage kids at school. He wants to keep in touch with his family—he wants them to be a part of his life, and he wants to be a part of theirs—so he keeps a bedroom ready for them so they have the freedom to visit at weekends, to stop in on the occasional weekday and to come and go as they please. He desperately wants to keep his family together, but moving to a one-bedroom house would end that freedom for him and his children. I cannot imagine the hurt and anger I would feel, as a father of three, if I had to tell my children or my grandchildren what John now has to tell his kids: that they cannot come and stay, even to look after him when he is not well. That is due to this Tory-led Government—make no mistake about that. It is the Tories who have done this.

I know the Minister said he did not want to hear about cases, but I will mention another one. I know why he does not want to hear about cases: because they are about real people, people we care about but they do not—[Interruption.] They are having a little chat again. A constituent of mine, Christina, wrote to me and explained her situation. She is a self-employed 60-year-old who lived in her house for 19 years with a son who recently moved out. She gets by in life, but gives all the time she can to voluntary work in her community, and she suffers from mental health issues. She feels safe in her home and in her community. She is not opposed to downsizing, and she understands that another family might need the two bedrooms more than she does, but she cannot afford to move: she cannot afford the new white goods she would need in a new home; she cannot afford to furnish and decorate a new home; and she cannot afford a removal van to take her possessions with her. Most importantly, however, she cannot afford the £41 a month she will need to make up the difference. For people such as Christina, it is literally a choice between rent and food.

Madam Deputy Speaker, I have taken two interventions already, and I do not want to take up any more time. I think I have made my point. This pernicious tax on the poorest in our society has to be got rid of, and if the Government, with their friends on the Liberal Benches, will not do it, we will.

Personal Independence Payments

Lord Harper Excerpts
Wednesday 17th December 2014

(11 years, 1 month ago)

Written Statements
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Lord Harper Portrait The Minister for Disabled People (Mr Mark Harper)
- Hansard - -

The Government are pleased to announce that the first independent review of the personal independence payment (PIP) assessment, carried out by Paul Gray, will be published later today. This is the first of two independent reviews as required by the Welfare Reform Act 2012.

Paul Gray has explored how the PIP assessment is operating from the perspectives of claimants, health professionals and other staff involved in delivery and has made a number of recommendations designed to improve the claimant experience. He has concluded that it is too early to draw definitive conclusions about the overall effectiveness of the PIP assessment based on available published data and has made recommendations to help the Department ensure the fairness and consistency of award outcomes in the future.

The Government welcome the review and will publish a detailed response in due course.

Office for Nuclear Regulation

Lord Harper Excerpts
Monday 8th December 2014

(11 years, 2 months ago)

Written Statements
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Lord Harper Portrait The Minister for Disabled People (Mr Mark Harper)
- Hansard - -

The Office for Nuclear Regulation (ONR) is the independent regulator of nuclear safety, security and occupational health and safety at nuclear sites, created on 1 April 2014.

The ONR has prepared its strategy for carrying out its functions, including the general priorities it will apply and principal objectives it will observe when carrying out its functions. I welcome this strategy for efficient and effective regulation of the nuclear industry on behalf of the public.

I attach a copy of the Office for Nuclear Regulation strategy 2015-2020 to this statement.

Oral Answers to Questions

Lord Harper Excerpts
Monday 8th December 2014

(11 years, 2 months ago)

Commons Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Jim Cunningham Portrait Mr Jim Cunningham (Coventry South) (Lab)
- Hansard - - - Excerpts

2. If he will make it his policy to pay employment and support allowance during the period of mandatory reconsideration.

Lord Harper Portrait The Minister for Disabled People (Mr Mark Harper)
- Hansard - -

I am afraid that I am going to disappoint the hon. Gentleman. We are not going to change our policy in that way. When someone is found fit for work, they should claim jobseeker’s allowance and work with Jobcentre Plus to get back into the work force.

Jim Cunningham Portrait Mr Cunningham
- Hansard - - - Excerpts

I think that the Work and Pensions Committee has also termed the policy illogical, but does the Minister not realise that, by virtue of the fact that he is not prepared to change it, he is driving more and more people into hardship and that they, in turn, are having to use food banks? The Government must hold some sort of record on food banks, because under this Government their use is the only thing that is increasing.

Lord Harper Portrait Mr Harper
- Hansard - -

That was not the sort of question I normally expect from the hon. Gentleman. If someone is found fit for work, they should immediately apply for jobseeker’s allowance, which is paid at the same rate as the assessment rate of employment and support allowance, so there is no change in their income. They should then engage with their Jobcentre Plus contact so that they can be moved into work. That is the right way for someone to behave when they have been found fit for work, and there is no reason at all why their income should fall.

Stephen Mosley Portrait Stephen Mosley (City of Chester) (Con)
- Hansard - - - Excerpts

During my first couple of years in Parliament—2010-11 and 2011-12 —every week my constituency surgery seemed full of people concerned about appealing against ESA decisions. Recently, the number of appeals seems to have declined. Is that also the case nationally?

Lord Harper Portrait Mr Harper
- Hansard - -

We have seen a significant reduction in the number of appeals. The mandatory reconsideration process is helpful, because it means that we can make sure that the right decision is made more quickly rather than having to force someone to go through a very lengthy appeals process within the tribunals service.

Anne Begg Portrait Dame Anne Begg (Aberdeen South) (Lab)
- Hansard - - - Excerpts

I am surprised by the Minister’s answer, because my Select Committee made exactly this recommendation and the Government have turned it down. The situation has got worse for people who are reapplying for employment and support allowance, because they think that their ill health has got worse. In future, they are to be denied getting ESA at the assessment rate. Why does the Minister think that is the right approach rather than allowing people to claim an out-of-work benefit because they are too ill to work?

Lord Harper Portrait Mr Harper
- Hansard - -

The hon. Lady, notwithstanding her position as Chairman of the Work and Pensions Committee, has not outlined the change correctly. If someone’s condition has significantly worsened or if they are claiming for a new condition, of course they can claim employment and support allowance. What they cannot do is to keep reclaiming employment and support allowance for the same condition when they have already been found to be fit for work.

David Nuttall Portrait Mr David Nuttall (Bury North) (Con)
- Hansard - - - Excerpts

Will the Minister confirm that for no other benefit is payment usually made pending the claimant’s appeal for the benefit to be returned?

Lord Harper Portrait Mr Harper
- Hansard - -

I can confirm that that is right. In all other benefits, when someone is found not to be entitled to it and then chooses to appeal, they are not paid anything while the appeal is ongoing. My hon. Friend is right that employment and support allowance is rather odd in that regard.

Sheila Gilmore Portrait Sheila Gilmore (Edinburgh East) (Lab)
- Hansard - - - Excerpts

Nevertheless, the position is that when people do appeal, their ESA will be reinstated. There is no financial saving to the Government unless they expect people not to claim JSA during this period. It is therefore not just hard for the claimant but administratively expensive for the Department to put people through that process.

Lord Harper Portrait Mr Harper
- Hansard - -

This is about making sure that when someone goes for a work capability assessment and is found to be fit for work, the most important thing is that they then engage with the jobs market and get back into the workplace. It is not just about the benefits; it is about making sure that people are getting the benefit of getting into work. For most people with a mental health problem, it is very clear that working will not just be the right thing but will be better for their condition.

John Pugh Portrait John Pugh (Southport) (LD)
- Hansard - - - Excerpts

3. What his policy is on the freezing of pensions of British nationals living abroad; and if he will make a statement.

--- Later in debate ---
Diana Johnson Portrait Diana Johnson (Kingston upon Hull North) (Lab)
- Hansard - - - Excerpts

5. What the average time taken is for a decision on an award of personal independence payment.

Lord Harper Portrait The Minister for Disabled People (Mr Mark Harper)
- Hansard - -

The delays that some people applying for PIP have experienced are unacceptable, as I have said a number of times in the House. Getting those delays down is my No. 1 priority. The hon. Lady will be aware of the Secretary of State’s very clear commitment, which the Department is working very hard to achieve.

Diana Johnson Portrait Diana Johnson
- Hansard - - - Excerpts

My constituent Simon Brown waited seven months for his PIP application to be processed. That delay meant that he was unable to apply for other help—such as additional housing benefit—that a PIP award allows. Given that eventual backdated payments do not compensate for the hardship and misery that people experience while waiting for months, and given that benefit delays are one of the main reasons that people are accessing food banks and going to loan sharks, can the Minister say what specifically he is doing to make sure that other people do not suffer in the same way as my constituent?

Lord Harper Portrait Mr Harper
- Hansard - -

Yes, I can. Overall, I accept there has been a problem with PIP and I have set that out in the House on a number of occasions. As far as benefits across the Department are concerned, the Department now pays benefits more quickly than when we came to office, so that has improved. Since the start of the year the assessment providers have trebled the number of health professionals they employ. Since April we have doubled the number of monthly assessments and tripled the number of decisions made, and by the beginning of next year we will have almost quadrupled the number of health professionals. That is making a real difference to making decisions on a timely basis for the hon. Lady’s constituents and mine.

Duncan Hames Portrait Duncan Hames (Chippenham) (LD)
- Hansard - - - Excerpts

Rearranging assessment appointments because of unrealistic expectations for the travel of disabled people has not helped with the timeliness of some decisions. Community transport providers in Wiltshire have a trusted reputation for assisting people with travel to medical appointments. Will the Minister consider opening discussions with volunteer community transport providers about the resources they would need to help people with travel to PIP assessments?

Lord Harper Portrait Mr Harper
- Hansard - -

I am familiar with community travel providers; I have a number of excellent ones in my own constituency, including a couple of very good dial-a-ride services, namely Lydney Dial-a-Ride and Newent Dial-a-Ride. My hon. Friend makes a very good point. We currently aim for a one-and-a-half hour maximum travel distance by public transport, and I will ask my officials to look at whether we could work more closely with those community providers. My hon. Friend makes a very good point that is worth further study.

Clive Efford Portrait Clive Efford (Eltham) (Lab)
- Hansard - - - Excerpts

It is no good the Minister coming here saying that he is very concerned about PIP and wants to do something about it. This has been going on for too long. Patients that suffer a downturn in their condition are suffering an extra 28-day delay and the Multiple Sclerosis Society says that that could lead to their missing out on up to £3,500. It is about time the Minister sorted this out, so what is he going to do about it?

Lord Harper Portrait Mr Harper
- Hansard - -

I do not think the hon. Gentleman was listening very carefully to the answer I gave to the hon. Member for Kingston upon Hull North (Diana Johnson). I set out that the assessment providers have hired more staff, that we have significantly increased the number of decisions we are making, and that backlogs are being reduced. I also set out very clearly the commitment made by my right hon. Friend the Secretary of State, which I am working very hard to achieve.

Tessa Munt Portrait Tessa Munt (Wells) (LD)
- Hansard - - - Excerpts

One of my constituents—a British citizen—returned to the UK, having lived in New Zealand for five years, to look after her ill mother. She now has cancer, but she cannot claim PIP due to the habitual residence test. Does the Minister agree that she is falling foul of regulations that are really meant to stop benefit tourism by EU migrants? Will he meet me to discuss this particular constituent’s plight?

Lord Harper Portrait Mr Harper
- Hansard - -

I do not know all the facts of that specific case, but I would be delighted to discuss it with my hon. Friend. The general position is that tests about habitual residence and past presence are meant to make sure that only people with a close connection to Britain are able to claim our benefits. I will, of course, meet my hon. Friend to discuss the specific case.

Kate Green Portrait Kate Green (Stretford and Urmston) (Lab)
- Hansard - - - Excerpts

Last week’s economic and fiscal outlook from the Office for Budget Responsibility shows that, following the PIP delays under discussion, spending on the benefit will be £1.2 billion higher than the Government planned last December. At the same time, disabled people are having to wait months for a decision, with more than 300,000 stuck in the queue, according to the most recent figures. In a Westminster Hall debate on 25 November, the Minister said that the DWP was receiving between 30,000 and 40,000 claims per month, and the most recent figures show 35,000 decisions per month being taken. The Minister is therefore running to stand still, so will he say exactly how he is going to bring down the backlog?

Lord Harper Portrait Mr Harper
- Hansard - -

Yes; obviously, I was talking about the figures that have been published so far. The hon. Lady will know, as she attended the debate in Westminster Hall, that I set out the timetable for publishing clearance statistics. Her general point is well made. I am very well aware of the delays—I have to reply to Members from across the House—and that is why we have put in a considerable amount of effort. Both the Department and providers are making considerable progress towards the Secretary of State’s commitment, and we will be able to say more about that in the new year.

Kate Green Portrait Kate Green
- Hansard - - - Excerpts

Disabled people are being left, sometimes for months, without support. Some are very seriously ill, some have degenerative conditions, some are being hounded for a planned intervention—effectively, resubmitting their claim part way through their award—and, as my hon. Friend the Member for Kingston upon Hull North (Diana Johnson) pointed out, some are losing their passported benefits. All that, alongside delays in processing employment and support allowance assessments and today’s decision on the closure of the independent living fund, mean that disabled people are facing huge anxiety and uncertainty. Does the Minister really think it is right that they should take the pain for the Government’s welfare failures?

Lord Harper Portrait Mr Harper
- Hansard - -

I do not agree at all with the way the hon. Lady has set that out. Right at the beginning of my answer I said that I was seized of the delays to PIP, and we have made a lot of progress in dealing with them. She refers to today’s judgment on the independent living fund. She will know, of course, that that has nothing to do with saving money; it is about making sure that people are using the care and support system, which will be further improved by the Care Act 2014 in the new year. The judge was very clear and gave a very clear decision today about the proper, robust decision making in the Department. The ILF is working closely with local authorities to make sure that the transition from ILF to local authority support is as seamless as possible.

Stephen Metcalfe Portrait Stephen Metcalfe (South Basildon and East Thurrock) (Con)
- Hansard - - - Excerpts

6. What comparative assessment he has made of unemployment rates in the UK and other European countries.

--- Later in debate ---
John Healey Portrait John Healey (Wentworth and Dearne) (Lab)
- Hansard - - - Excerpts

9. What legal costs his Department has incurred in legal proceedings involving disabled people relating to the under-occupancy penalty and the closure of the independent living fund.

Lord Harper Portrait The Minister for Disabled People (Mr Mark Harper)
- Hansard - -

The Government have robustly defended their policies in relation to the closure of the independent living fund and the removal of the spare room subsidy. The total known legal costs to date, in respect of both policies where disability formed part of the grounds of the claim, are £415,000: £236,000 for the ILF and £178,000 for the removal of the spare room subsidy.

John Healey Portrait John Healey
- Hansard - - - Excerpts

That is a part answer to a very direct question about the cost to the taxpayers of Government lawyers defending the indefensible—axing the ILF and introducing the hated bedroom tax. Will the Minister not recognise that many severely disabled people flourish with the fund but are now frightened of losing their independence when he shuts it down next year? He might have won the legal case this year, but he has lost the moral and policy arguments, so even at this eleventh hour will he rethink the protection available to ILF users?

Lord Harper Portrait Mr Harper
- Hansard - -

No, I will not. I have talked to disability organisations about this matter, and they agree with the Government. More than 1 million people get social care through the mainstream social care system. The Government are not making any savings by moving the ILF to local authorities and devolved Administrations, and we are working closely with each local authority to ensure that the amount of money being transferred at the point of closure next year will be exactly what is needed and what is being spent by the ILF, meaning that disabled people will be protected.

Baroness Keeley Portrait Barbara Keeley (Worsley and Eccles South) (Lab)
- Hansard - - - Excerpts

Some £4.3 billion has been taken out of adult social care budgets over the past four years because of the Government’s cuts. If that funding transfers across, as is planned, it will plug only a very small part of the gap. If they will not rethink this policy, as my right hon. Friend the Member for Wentworth and Dearne (John Healey) just suggested, will Ministers require that the funding be ring-fenced to ensure that 70 people in Salford and 18,000 people across the country with disabilities can look forward to keeping their independence and to this continuing support?

Lord Harper Portrait Mr Harper
- Hansard - -

Of course local government has had to play its part in the savings, but local authorities can make choices. My local authority in Gloucestershire has protected the value of social care because it thinks that protecting older people—[Interruption.] No, my local authority has faced cuts, like all local authorities, but it has chosen to—[Interruption.] If Opposition Members want me to answer their hon. Friend’s question, they should stop yelling. My local authority has prioritised funding for older people and people of working age. Clearly, the hon. Lady’s local authority has made different decisions. If those on her local authority want to ring-fence the money transferred from the ILF, they are absolutely free to do so, so I suggest she take that up with them.

John Leech Portrait Mr John Leech (Manchester, Withington) (LD)
- Hansard - - - Excerpts

10. What estimate he made of the potential savings to the public purse that would arise from implementation of the under-occupancy penalty; and what estimate he has made of the amount saved to date by that implementation.

--- Later in debate ---
Steve Rotheram Portrait Steve Rotheram (Liverpool, Walton) (Lab)
- Hansard - - - Excerpts

11. What steps he has taken to accelerate the processing of personal independence payment applications.

Lord Harper Portrait The Minister for Disabled People (Mr Mark Harper)
- Hansard - -

The hon. Gentleman will know from my earlier answer some of the things we have done, including increasing the number of health professionals employed by the providers and opening more assessment centres. He will know that the latest set of statistics published in September showed that from March to July we more than doubled the number of cases cleared, and our performance continues to improve.

Steve Rotheram Portrait Steve Rotheram
- Hansard - - - Excerpts

Actually, the latest DWP figures show that of nearly 530,000 applications for the personal independence payment, only 206,000 decisions on eligibility have been made. That means 323,000 disabled people, with 1,000 in Liverpool, Walton alone, have been left in limbo, facing additional costs to cope with ill health or disability. Given his earlier answers, why is the Minister prepared to leave disabled people bottom of his list of priorities?

Lord Harper Portrait Mr Harper
- Hansard - -

I do not think the hon. Gentleman is listening. I very clearly said—and I have said it a number of times here—that fixing delays to the PIP process is not at the bottom of my list; I have been very clear that it is at the top of my list of priorities. I have said that from the time I started doing this job and we have made considerable progress. We will be able to set out the up-to-date position when I give evidence to the Work and Pensions Select Committee chaired by the hon. Gentleman’s colleague, the hon. Friend Member for Aberdeen South (Dame Anne Begg). I have been invited to give an update at the end of January and I will be delighted to do so.

Clive Betts Portrait Mr Clive Betts (Sheffield South East) (Lab)
- Hansard - - - Excerpts

12. What estimate he has made of his Department’s expenditure on in-work housing benefit for migrant workers from the European economic area who have arrived in the UK within the last (a) six, (b) 12 and (c) 24 months.

--- Later in debate ---
Jesse Norman Portrait Jesse Norman (Hereford and South Herefordshire) (Con)
- Hansard - - - Excerpts

13. What steps he is taking to help unemployed adults with disabilities to secure and sustain employment or self-employment.

Lord Harper Portrait The Minister for Disabled People (Mr Mark Harper)
- Hansard - -

The Government have published today a paper called “Disability Confident Britain” about some of our programmes. I know that brandishing documents here is generally deprecated, but because this is a copy of the House magazine of 28 November, I draw the attention of hon. Members to page 42, which featured an article about “Disability Confident Britain” and about the excellent event I attended in Gloucester hosted by my hon. Friend the Member for Gloucester (Richard Graham). I urge all hon. Members who have not already done so to hold such events in their own parliamentary constituencies.

Jesse Norman Portrait Jesse Norman
- Hansard - - - Excerpts

The Minister will be aware of the excellent work done by the Royal National College for the Blind, which is based in Hereford, with blind and partially sighted people from all over the country. It has struggled in recent years with a series of annual contracts for residential training. Will the Minister provide a clear date by which a long-term solution will be in place?

Lord Harper Portrait Mr Harper
- Hansard - -

I am familiar with this issue. We set out in the paper published today the fact that we have extended the contracts until next September. I am making every effort to make sure that we can announce a long-term solution before the general election next year, so that those colleges can have some confidence in the future. My hon. Friend can give my assurance to the college principal that I will strain every sinew to do so and will keep him fully informed.

Kerry McCarthy Portrait Kerry McCarthy (Bristol East) (Lab)
- Hansard - - - Excerpts

Figures show that the Work programme is performing very badly when it comes to helping disabled people into work. Why are its contracts being extended for another year even though it is clearly not doing the job it was intended to do?

Lord Harper Portrait Mr Harper
- Hansard - -

As the hon. Lady will see if she looks at the latest figures, the programme’s performance has improved considerably—indeed, it has been more successful than previous programmes—and Work Choice is also performing very well. I think that she should have a little more confidence. The document that I published today refers to a range of programmes initiated by Departments whose spending we have protected, at a time when difficult decisions are having to be made across Government to deal with the deficit.

Lord Bellingham Portrait Mr Henry Bellingham (North West Norfolk) (Con)
- Hansard - - - Excerpts

15. What estimate he has made of the annual change in unemployment in the North West Norfolk constituency over the last three years.

--- Later in debate ---
Lord Young of Cookham Portrait Sir George Young (North West Hampshire) (Con)
- Hansard - - - Excerpts

T4. Does my right hon. Friend agree that as unemployment continues to fall, we have a golden opportunity to offer work to those with a learning or physical disability? Will he confirm that programmes such as Work Choice and Access to Work and the work of his Department’s disability employment advisers will continue to have top priority, so that we can make yet further progress?

Lord Harper Portrait The Minister for Disabled People (Mr Mark Harper)
- Hansard - -

I completely agree with my right hon. Friend. In fact, the latest labour market statistics show that disabled people are sharing in the jobs that are being created, with more than 258,000 more disabled people in work over the last year, including 75,000 in the south-east, which will cover his constituency, and there are particularly sharp rises in the number of those with learning disabilities getting jobs, which he specifically asked about.

Kelvin Hopkins Portrait Kelvin Hopkins (Luton North) (Lab)
- Hansard - - - Excerpts

T3. The former Minister for Disabled People, the right hon. Member for Hemel Hempstead (Mike Penning), repeatedly assured the House during the passage of the Mesothelioma Act 2014 that the planned 3% levy on insurers to fund pay-outs to victims was not “going anywhere”—in other words, it was not going to change. In a written ministerial statement on 28 November, however, the current Minister announced that the levy would amount to just 2.2%. A 3% levy could have funded more generous pay-outs, helped to fund research or covered more asbestos-related diseases. Is it not disgraceful that the Minister has put the interests of the insurance industry ahead of the interests of victims?

Lord Harper Portrait Mr Harper
- Hansard - -

We have introduced a scheme, and introduced a levy to pay for it. This continues the work that we agreed on when the previous Government introduced a similar scheme under the Child Maintenance and Other Payments Act 2008. I am proud of the scheme we have introduced. It will go a long way towards helping people who have been affected by this dreadful industrial disease.

Chris White Portrait Chris White (Warwick and Leamington) (Con)
- Hansard - - - Excerpts

T7. Last month, there was a debate in this Chamber on promoting the living wage. May I congratulate the Department for Work and Pensions on being the first Department in Whitehall to pay its staff and contractors the London living wage? Does the Secretary of State agree that we should encourage all Government Departments to follow suit?

--- Later in debate ---
William Bain Portrait Mr William Bain (Glasgow North East) (Lab)
- Hansard - - - Excerpts

Ministers promised to cut the waiting period for assessments for PIP to 16 weeks by the end of the year, but will they apologise to 900 people in my constituency and the hundreds of thousands more across the country who have been left to wait for months on end in severe financial hardship?

Lord Harper Portrait Mr Harper
- Hansard - -

I am happy to do so. I have said before that that is not acceptable; I made it clear during my first time at the Dispatch Box. I am happy to say that the Government should have made sure that we did not make that mistake. People should not have had to wait that long. I am making sure that we are doing something about it, as has the Secretary of State, so that people will not have to wait for such a long time in the future.

Stephen Metcalfe Portrait Stephen Metcalfe (South Basildon and East Thurrock) (Con)
- Hansard - - - Excerpts

My daughter is on a zero-hours contract as a care assistant, which suits both her and her employer as it allows her to choose when to work and when to study. Does my right hon. Friend agree that as long as there is no exclusivity clause, such flexibility in employment is helpful?

Diffuse Mesothelioma Payment Scheme Levy

Lord Harper Excerpts
Friday 28th November 2014

(11 years, 2 months ago)

Written Statements
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Lord Harper Portrait The Minister for Disabled People (Mr Mark Harper)
- Hansard - -

I am pleased to announce that the Diffuse Mesothelioma Payment Scheme (Levy) Regulations 2014 come into effect today. These regulations require active insurers to pay an annual levy based on their relative market share for the purpose of meeting the costs of this scheme. This is in line with the commitment by the insurance industry to fund a scheme of last resort for sufferers of diffuse mesothelioma who have been unable to trace their employer or their employer’s insurer.

The Diffuse Mesothelioma Payment Scheme was established under powers set out in the Mesothelioma Act 2014 to make payments to eligible people with diffuse mesothelioma (diagnosed on or after 25 July 2012), or eligible dependants of people who have died of this disease before they made a claim under the scheme. The scheme began taking applications on 6 April 2014, and started making payments from 1 July 2014. By October 2014, the scheme has received 232 applications and made 131 payments, totalling £16.5 million. The average payment to date is around £126,000.

I can also announce today that the total amount of the levy for year one, covering the estimated costs of the scheme in the financial year 2014-15, will be £32 million. This amount will be payable by active insurers by the end of March 2015. The payment amount an active insurer must pay in the financial year will be determined according to their relative market share for the calendar year two, years before the reference period.

This estimate uses data from the first seven months of the scheme’s operation and is assumption based. As this is a demand-led scheme the final costs for the first year of operation may vary from this estimate.

Individual active insurers will be notified in writing of their payment amount (i.e. their share of the levy), together with how the amount was calculated and payment arrangements.

For many years, sufferers of this terrible disease who cannot trace employers or insurers have been left without recourse to compensation. I am proud of what Government and stakeholders have achieved in delivering the Diffuse Mesothelioma Payment Scheme and I hope that Members of both Houses will welcome this announcement and will give the scheme their continued support.

Work Capability Assessment (Year Five)

Lord Harper Excerpts
Thursday 27th November 2014

(11 years, 2 months ago)

Written Statements
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Lord Harper Portrait The Minister for Disabled People (Mr Mark Harper)
- Hansard - -

The Government are pleased to announce that the fifth independent review of the work capability assessment, carried out by Dr Paul Litchfield, will be published later today. This is the fifth and final annual independent review, as required by the Welfare Reform Act 2007.

Dr Litchfield has reported on the evolution of the work capability assessment since 2008, as well as progress made in implementing recommendations made in the previous independent reviews. He has explored how these changes have had an impact on the operation of the work capability assessment and the way in which it is perceived. He has recommended further minor changes to the assessment and recognised the need for a period of stability for the current WCA.

The work capability assessment is integral to the Government’s commitment to ensuring that as many people as are able to do so engage in employment and those who genuinely cannot work receive the appropriate support.

The Government welcome Dr Litchfield’s report as a key step in making sure the assessment is as effective as possible and will carefully consider his report and recommendations. The Government’s response to Dr Litchfield’s report will be published during this Parliament.

Employment and Support Allowance

Lord Harper Excerpts
Thursday 27th November 2014

(11 years, 2 months ago)

Written Statements
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Lord Harper Portrait The Minister for Disabled People (Mr Mark Harper)
- Hansard - -

Later today, I will publish Command Paper Cm 8967, the Government response to the Work and Pensions Select Committee report on employment and support allowance (ESA) and work capability assessment (WCA). I would like to thank the Committee for its report.

The Government are committed to reviewing and improving the service they offer disabled people and those with long-term health conditions. We have made a number of improvements to these provisions over the course of this Parliament, and recently appointed Maximus as the new provider of the WCA from March 2015.

The number of disabled people in employment has increased by 259,000 in the last year to 3.07 million. However, we are not complacent and recognise that more support is needed for people in receipt of incapacity benefits. Every one of these people has something to contribute to society and we are determined to support them in realising their full potential.

Today I am announcing a series of measures to further improve the support we offer disabled people and those with health conditions. From early 2015 we will run a range of pilots to test additional approaches to supporting ESA claimants. This will include testing more intensive support during the first six months following the completion of the Work programme; voluntary employment-related interventions and occupational health advice for those awaiting a WCA; and testing the impact of the claimant commitment for ESA claimants.

In April 2015 we plan to introduce a measure allowing individuals to remain on JSA for up to 13 weeks during a period of sickness. This will ensure claimants with short-term conditions remain closer to the labour market. In addition by next spring we plan to introduce a measure preventing claimants being paid the ESA assessment rate if they have already been found fit for work but have then made a repeat claim for benefit without developing a new health condition or having seen a deterioration in their current condition.

There will inevitably be some individuals whose condition affects them so severely that they may not be able to return to full-time employment. We will of course continue to provide comprehensive support for this group as well as look at ways of improving the service we already deliver.

Gleision Mine

Lord Harper Excerpts
Wednesday 26th November 2014

(11 years, 2 months ago)

Westminster Hall
Read Full debate Read Hansard Text Read Debate Ministerial Extracts

Westminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.

Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.

This information is provided by Parallel Parliament and does not comprise part of the offical record

Lord Harper Portrait The Minister for Disabled People (Mr Mark Harper)
- Hansard - -

It is a pleasure to serve under your chairmanship, Mr Chope. I pay tribute to the right hon. Member for Neath (Mr Hain) for securing the debate. It is very helpful to be able to debate such issues in the House with the hon. Members for Wansbeck (Ian Lavery) and for Blaydon (Mr Anderson), who are very experienced in these matters.

As the right hon. Gentleman said, it was a tragic accident on 15 September 2011 that resulted in the deaths of four miners: Charles Breslin, David Powell, Philip Hill and Garry Jenkins. I remember the events myself. My own constituency has a mining history. The last large pit closed in 1965, but there are a number of free miners who still work in small mines. As I said, I remember the events, and I can only imagine the heart-rending situation faced by the families. The right hon. Gentleman is right to pay tribute to them for all that they have gone through. It is obviously on their behalf that he raises these issues in the House.

I mention my constituency only because we will come on to talk about the changes to the regulations and the Mines Rescue Service. There are a number of small mines in my constituency. I have had the experience, thanks to an excellent constituent of mine, Rich Daniels, who is president of the free miners, of going down one of those mines and seeing how small mines operate. I have had the opportunity to talk to him about the health and safety challenges. My constituency has the same issues with the Mines Rescue Service and its viability, and putting in place alternative arrangements that would provide a safe and secure method of rescuing miners if a tragedy happened. I shall come on to that.

As the right hon. Gentleman said, the accident triggered a rescue operation of a type not seen before. There was immense commendation for all those who contributed to the efforts to save the miners. He was right to pay tribute to the emergency services, other mine operators and their staff, volunteer cave divers and many others. Tragically, it quickly became clear that the task was one of recovery rather than of rescue.

South Wales police assumed primacy from the outset, and the investigation was led by the police throughout, with technical and other support from the HSE mines inspectors and other individuals and organisations. The site investigation concluded when all reasonable lines of inquiry had been followed and closed. As the right hon. Gentleman knows, after the investigation concluded, the Crown Prosecution Service brought manslaughter charges against the mine manager and the mine owner. Those Members present will know that there was a three-month trial earlier this year. As the right hon. Gentleman said, it concluded when the jury delivered not guilty verdicts on both the mine manager and the corporate defendant—the mine owner. The decision of the court must be respected. Obviously, I cannot today—this would be inappropriate for a Minister—delve into and try to reopen the case.

However, I can say that, now the legal processes are concluded, the HSE is producing a report that will be published, and that will pull together in one place the details of the site investigation that it carried out and the lessons that can be learned for the future. I know that that is one of the things the right hon. Gentleman wants to ensure happens.

Lord Hain Portrait Mr Hain
- Hansard - - - Excerpts

The Minister will have noticed that I said, because I am worried about this, that the HSE report will be constrained by the trial verdict. I am worried that the HSE report will not be able to be as open as perhaps, for all I know, the mines inspectorate would like to be about its views on what really happened. Will he do whatever he can to try to ensure that that barrier, if it is there, as I suspect, is taken away?

Lord Harper Portrait Mr Harper
- Hansard - -

What the report can do is set out the results of the investigation. It can set out the facts that those who inspected with their professional judgment found in the mine. What it cannot do is rerun or revisit the questions that were investigated at the trial and the jury’s conclusion. I listened carefully to what the right hon. Gentleman said. I fear that he wants the HSE to be able in its report—I do not think it can do this—to answer questions about what was in the minds of the mine manager and those working there about the direction that they proceeded in. It simply cannot revisit those questions. My understanding is that those issues were dealt with at the trial. Evidence was put forward on both sides of the argument. The jury reached a verdict, and that is something that the HSE cannot reopen in its report and investigation.

Lord Hain Portrait Mr Hain
- Hansard - - - Excerpts

I am not asking for that. I am certainly not asking for the HSE to read the minds of those, including the mine manager, who were mining at the time. I am simply asking the Minister to try to create circumstances in which the mines inspectors, in the HSE report, can confirm that they suspect that the water, as I said in my speech, was where the mine plan said it was and that, therefore, a catastrophic misjudgment was made. For what reason and how, it would be impossible to speculate. I readily accept that, but the misjudgment was made none the less.

Lord Harper Portrait Mr Harper
- Hansard - -

What the inspectors will be able to do is set out the evidence they got from the site investigation. They cannot revisit questions that were dealt with at the trial.

Ian Lavery Portrait Ian Lavery
- Hansard - - - Excerpts

Will the Minister give way?

Lord Harper Portrait Mr Harper
- Hansard - -

Let me just reply to the right hon. Gentleman, because it is his debate, and then of course I shall listen to the hon. Gentleman’s intervention. The inspectors cannot rerun the trial and, in effect, re-answer the question that was dealt with at the trial and come up with either the same or a different answer. That is not possible. I listened to what the right hon. Gentleman said. I am sure the inspectors will endeavour to ensure that they go as far as they can in setting out the evidence—the facts that they found on the ground—but they may not be able to speculate about things they simply cannot know. They have to stick to what the evidence says.

Ian Lavery Portrait Ian Lavery
- Hansard - - - Excerpts

There is a big difference between the individuals being charged with corporate manslaughter and being found guilty of an offence, and what my right hon. Friend the Member for Neath (Mr Hain) is referring to, which is basically the causation of the accident. The causation of the accident is something that can be investigated completely differently, but using the same evidence that has been used in court for a criminal investigation. It is common sense that that would be the case.

--- Later in debate ---
Lord Harper Portrait Mr Harper
- Hansard - -

As I said, I have not seen the report and I do not know what it will say. The mines inspectorate will use its professional expertise to set out the evidence from the thorough site investigation that took place, but it cannot rerun the trial. For example, it is not disputed that the water was there at the time of the incident; what was disputed in court was whether the water was there all the time. The right hon. Member for Neath mentioned that there was a debate about the mine manager giving evidence that he had inspected the old workings. The HSE will not be able to settle questions that were dealt with at the trial and on which a conclusion could not be reached. That is all I am saying. It will endeavour, with the best of its professional judgment, to set out the evidence—what was found from the investigation. I have not seen the report and I do not know what it will say. It is in process.

My final point about the report is on timing. The report will be published in the new year—early in the new year, I hope—and, as I said, it will be published for everyone to see. I hope it will set out some lessons that can be learned from this tragedy.

David Anderson Portrait Mr Anderson
- Hansard - - - Excerpts

I thank the Minister for giving way again —he has been very generous. The crux of why we are here today is that, if this was a one-off and had never happened before, we would probably feel a lot more comfortable, but as I said, it was not a one-off and had happened previously. My right hon. Friend the Member for Neath (Mr Hain) mentioned the 1979 regulations that were supposed to address the issue. It is all right saying, “Let’s learn the lessons.” A lesson learned is no use unless it is then applied. Our worry—hopefully this can be tightened up in the report if the HSE decides to do that—is ensuring that things like this, as far as is humanly possible, do not happen again. If, as has been said, the gentleman went in, did the investigation and found that there was no water, that should have raised concerns, because where had the water gone? That should have been followed up. The worry that Opposition Members have is that such an incident could happen again through things just generally not being tight enough.

Lord Harper Portrait Mr Harper
- Hansard - -

The hon. Gentleman makes a helpful point, because I was going to move on to the work that has been done to bring forward shortly new mine safety legislation that ensures clear duties on the operators of mines to manage the risks. That work was instigated independently of the Gleision accident, and it arose from the independent review of health and safety legislation by Professor Löfstedt, which reported in November 2011. We have taken into account what happened in the Gleision incident as we have developed the new law.

The current law governing safety in mines comprises more than 40 pieces of legislation, some of which date back as far as 1954. As the right hon. Gentleman has said, the coal industry is vastly different today. In addition to the huge changes in the coal sector, there has been a big shift in the wider health and safety framework, and the old mine safety legislation needs to be reviewed. The Health and Safety Executive has undertaken a review of that legislation over the past two years, and new mines regulations will be introduced in April next year. They will consolidate the key requirements for the control of risks that are, as the right hon. Gentleman has said, inherent in underground mining. That will include managing the risk of water inrushes, which was clearly the major issue at Gleision. Mine operators will remain legally bound to determine whether there is water around workings and to assess the risk of that water causing harm to mine workers.

The new regulations will place duties, for the first time, on the mine operator rather than, as at present, on the mine manager. They will also require the other principal risks in mining to be controlled. They will place clear and simple requirements on operators to ensure that adequate rescue arrangements are made. The current requirement for coal mines to belong to an approved scheme will not be carried forward. The right hon. Gentleman mentioned that scheme, which was designed and introduced when there were 65 coal mines in operation, all of which contributed fees to fund the scheme and resources as part of their commitment to mutual assistance. There are now an insufficient number of mines to fund those arrangements. I looked into the matter in detail, not only now but as a result of experience in my constituency. Mine operators will be under a new duty to ensure that, if the rescue of workers is required in any foreseeable scenario, rescue arrangements will be available and workable. Coal mines will be required to make their own arrangements for rescue provision, tailored to the risks in each particular mine. Mine operators can use whatever third-party services may be appropriate to those risks. The HSE’s mines inspectors have a programme of interventions, between now and the entry into force of the new regulations, to check the arrangements that mines will have in place from April.

The current law is riddled with requirements to notify or otherwise seek the permission of the regulator before undertaking certain activities. It is not the regulator’s role to oversee day-to-day operations in such a way. Regulation of other major hazard industries successfully requires duty holders to demonstrate that their risk assessments and their control systems are in place and, importantly, robust, so that they can adequately manage risk to protect their employees and the wider community. The new regulations will take a similar approach in the mining sector. HSE inspectors are talking to mine operators and trade unions in the period leading up to the introduction of the new regulations to ensure that they are clear about how they will implement and comply with the regulations.

The new regulations will retain all the key controls over the hazards that are, as the Gleision tragedy and the right hon. Gentleman have reminded us, involved in mining, but they will deliver a modern, risk-based regime that will drive mine operators continuously to improve the management of the risks involved in mining. Tragedies such as the one he has powerfully described show us why we should never be complacent. We must try to prevent such incidents from happening again.

The hon. Member for Wansbeck raised the question of the inquests. My understanding is that they have not been restarted following the trial, and no formal notification has been made to the HSE that they have been closed. I will contact colleagues at the Ministry of Justice and make inquiries about the plan for those inquests—I will ask whether they will be restarted or formally concluded. I will write to the right hon. Member for Neath and, with his permission, to the two other hon. Members who are present, to set out the position.

Lord Hain Portrait Mr Hain
- Hansard - - - Excerpts

I am very grateful to the Minister for offering to do that. Will he tell his colleagues at the Ministry of Justice that it is my strong view that the process should be resumed? There should be a full inquest.

Lord Harper Portrait Mr Harper
- Hansard - -

When I contact colleagues at the Ministry of Justice, I will put on record the fact that it is the strong view of the constituency MP that the inquests should be resumed. I am not familiar with the legal rules around the matter and I do not know what the position is, but I will contact colleagues in the Ministry of Justice. I will write to the right hon. Gentleman—and, because of their interest in the matter, to the other two hon. Members who are present—and set out the position. I hope that that is helpful and that it will go some way to meeting the concerns of the families who, as the right hon. Gentleman has said, have conducted themselves with great dignity throughout the process. I hope that offers some small measure of comfort, and I thank him for raising the matter in the Chamber today.

Question put and agreed to.