Affordable Homes Bill

Debate between Mark Harper and Nick Raynsford

Friday 5th September 2014 Commons Chamber

[Mr Raynsford]

The hon. Gentleman has clearly not been listening to the debate. My hon. Friend the Member for Dumfries and Galloway (Mr Brown) very forcefully made the point that the policy introduced by the previous Labour Government was not retrospective and did not penalise people on the basis of their existing circumstances. Quite simply, given the higher cost—[Interruption.] Perhaps the hon. Gentleman who asked the question would like to listen. He will know that private rented housing is generally very much more expensive than social housing. Social housing is allocated by landlords on the basis of how many bedrooms people need. If people who take private rented housing—they are not subject to allocation, but can choose their property—were able to select much more expensive properties that are larger than they need, that in itself would be reasonable grounds for a restriction. However, that applies only when people move into such housing, not retrospectively. Finally, I put it to him that if he and the Government were really concerned to make better and more efficient use of under-occupied social housing, they would not have exempted elderly people because it is predominantly that group whose properties are under-occupied. That point absolutely goes to the heart of the process: this is not about better use of the social housing stock; this is about trying to make cuts in public expenditure, which has been the Government’s objective from the outset. I now want to make some progress.

This whole ghastly process, which has caused anxiety, misery and hardship on a very large scale to hundreds of thousands of our fellow citizens, was based on a false premise, without any proper evidence to justify what was done. It was a truly dreadful example of the worst type of policy making. Ideally, the whole policy should be consigned to the dustbin immediately, and it will be if the Labour party forms the Government after the next general election.

In the meantime, the hon. Member for St Ives has given us an opportunity significantly to limit its negative impact by restricting its application in three specific ways. The first way is by excluding cases where significant adaptations have been made to a property to meet the needs of a disabled tenant or a close relative who lives in the house. Quite why the Government did not accept the need for such an amendment from the outset is difficult to understand. It is clearly wasteful of public expenditure to drive disabled people out of properties that have been adapted for their needs if, as a consequence, they move into unadapted properties that have to be adapted at considerable expense to make them fit for them to live in. That is yet another illustration of the perversity of the whole policy. The exemption is long overdue and will remedy one of the blatant injustices and endemic nonsenses that are inherent in the bedroom tax policy.

Secondly, an exemption is proposed for tenants and close relatives who are in receipt of disability living allowance or personal independence payments and who, because of their disability, are not able to share a bedroom with someone with whom, under the bedroom tax regulations, they would be expected to share a bedroom. Again, that is a sensible, humane exemption that ought to have been agreed from the outset. Instead, the Government argued that discretionary housing payment could be made in such cases, ignoring three principal objections.

First, not everyone who might qualify for discretionary housing payment will apply for it. The Government’s own review has demonstrated that that is the case. Secondly, not every local authority will approve DHP in all appropriate cases. Thirdly, the DHP regime is temporary. The Government have not confirmed that it will continue to be available beyond 2014-15, despite being pressed by the Work and Pensions Committee to give such a guarantee. It is far better to exempt those who are in receipt of DLA or PIP from the bedroom tax than to depend on the vagaries of DHP.

I do, however, have an anxiety about the precise wording of clause 2(1)(b). I have mentioned this point to the hon. Member for St Ives and I hope that, if necessary, the provision can be amended in Committee. As hon. Members will know, there are two levels of bedroom tax: it is 14% when the tenant is deemed to have one bedroom more than is strictly required and 25% when the tenant is deemed to be occupying two or more bedrooms more than they need. The exemption in the Bill is qualified by clause 2(1)(b)(v), so that it does not apply when the tenant has two or more bedrooms more than is strictly needed, even when the tenant has established that he or she cannot share a bedroom and so needs one bedroom more than their strict entitlement. The provision appears, therefore, to leave the tenant exposed to a 25% benefit reduction in such cases, rather than the more limited 14% reduction, which would appear to be fairer. I may be wrong in seeing that as a potential loophole that needs closing, and I would be delighted to hear from the hon. Gentleman if that is the case. If not, I hope that he will consider an amendment in Committee.

[Mr Harper]

I want to correct for the record a factual point that the right hon. Gentleman made about future funding. In the autumn statement in 2013, the Chancellor announced that an extra £40 million would be made available in 2014-15 and 2015-16 to ensure that discretionary housing payment for those affected by the removal of the spare room subsidy would be maintained. The right hon. Gentleman said that no such commitment had been made. I just wanted to ensure that the facts were put on the record.

[Mr Raynsford]

I immediately withdraw my comment if that is the case. I was working from the Library briefing dated 3 September—so it is very recent—which indicates that no such commitment has been given. I apologise if that is not the case, but I was speaking in good faith on the basis of the latest available Library briefing.

Thirdly, we come to the last and most far-reaching exemption. Clause 2(1)(c) exempts tenants from liability to the bedroom tax when neither their landlord nor the local authority, in cases where they are not council tenants,

“has made a reasonable offer of alternative accommodation.”

That addresses the appalling unfairness by which tenants who cannot move into smaller accommodation because their landlord or the local authority does not have sufficient homes to provide that option still end up having their benefit cut.

The DWP’s own evaluation admits that in the first six months of the bedroom tax, only 4.5% of affected tenants were able to downsize. Even though the figure subsequently rose to 19%, the DWP still confirmed that social landlords

“had not yet been able to accommodate most of those who wanted to move to a smaller home”.

On those figures, we know that less than 10% of those who are affected and who want to move are able to do so because of a lack of alternative accommodation.

It is a common-sense amendment to stop penalising people who have no opportunity to move into smaller accommodation and so avoid the impact of the bedroom tax. It is a long overdue amendment and, once again, a far better safeguard than the hope of getting discretionary housing payment.

Oral Answers to Questions

Debate between Mark Harper and Nick Raynsford

Monday 28th October 2013 Commons Chamber

[Mr Nick Raynsford (Greenwich and Woolwich) (Lab)]

The Minister for Immigration will be well aware that I have had to draw his attention to unreasonably long delays in implementing tribunal decisions which have reversed Home Office refusals in individual cases. When will he put an end to the scandal of people waiting six months or, in some cases, more than a year for legally binding decisions to be implemented by his Department?

[Mr Harper]

The right hon. Gentleman is quite right: he has drawn some of those cases to my attention. Sometimes, when tribunals make rulings that require a change in policy, it is important to get that policy right to make sure that we can implement the tribunals’ decisions in the way they intended. If the right hon. Gentleman has any further cases, which he seemed to have, will he please get in touch with me and I will be happy to take those up for him.

Oral Answers to Questions

Debate between Mark Harper and Nick Raynsford

Monday 19th November 2012 Commons Chamber

[Mr Harper]

Those students who are here to study at universities have an opportunity to find graduate level employment for several months after the end of their course. They can then convert their visa into a work visa and stay here after their course. I think that gives bright students every opportunity to do so, without letting people stay here to do unskilled work that is not of economic benefit to the United Kingdom.

[Mr Nick Raynsford (Greenwich and Woolwich) (Lab)]

Does the Minister accept that, while it is entirely right to bear down on abuses in the system, it is widely felt by higher education institutions throughout the United Kingdom that a message is being conveyed to areas such as south-east Asia and China that this country is no longer as welcoming as other European countries to overseas students who wish to study here? Does he recognise that that is potentially very damaging to the long-term health of the UK economy?

[Mr Harper]

I can tell the right hon. Gentleman that Ministers take every opportunity—as I have today—to make clear that we have a very good offer to make. The only people whom I ever see quoted in the media saying that the UK is closed for business seem to be people from the education sector. I have pointed out to them directly, and will do so again, that there is a great offer for our university students. They should help us to sell and market Britain abroad, as I take every opportunity to do.

Parliamentary Standards Act 2009

Debate between Mark Harper and Nick Raynsford

Thursday 15th December 2011 Commons Chamber

[Mr Harper]

No, IPSA has not considered the report. IPSA has said that it will consider the Committee’s recommendations, as it considers the annual review of the scheme. As I have said, the Government have had to consider the report because the House is being invited today to decide whether to approve it. I simply said at the beginning of my remarks that the Government would have welcomed having had more than three days in which to do so, and that would have done justice to the report. Many Members said that they wanted a careful and thoughtful review, so I am gently suggesting that giving the Government three days was perhaps not entirely helpful in achieving that objective.

The Government’s interest in IPSA concerns equipping it with its statutory framework. IPSA is accountable to the House and the Speaker’s Committee, which was set up under the Parliamentary Standards Act 2009. The Government are primarily concerned about recommendations 2 and 3, which are for the Government. I will say something about recommendation 17, which deals with the decision that the House would be invited to take.

Recommendation 2—the right hon. Member for Greenwich and Woolwich addressed this point—states:

“The Act should be amended in accordance with the Committee on Standards in Public Life’s recommendation to provide that IPSA’s primary duty is ‘to support MPs efficiently, cost-effectively and transparently in carrying out their parliamentary functions.’ It would continue to be IPSA’s role to determine what assistance for MPs was necessary.”

It seems that there are two schools of thought about what that recommendation means. It is either a modest change that is meant to correct the emphasis of the legislation—

[Mr Raynsford]

indicated assent.

[Mr Harper]

I see the right hon. Gentleman nodding to that. Or it is a substantial change that would alter significantly the way in which IPSA functions.

If it is a modest change, it is unnecessary and would have no practical implication. Hon. Members will be aware that one amendment made to the Parliamentary Standards Act 2009 by the Constitutional Reform and Governance Act 2010 was the insertion of section 3A. That section sets out the general duties of IPSA, which are twofold. One is that IPSA must, in carrying out its functions, have regard to the principle that it should act in a way that is efficient, cost-effective and transparent, when it is running its systems and setting them up. The second duty is that in carrying out its functions, IPSA must have regard to the principle that Members of the House of Commons should be supported in carrying out their parliamentary functions efficiently, cost-effectively and transparently. Although the duty to have regard to the principle that we should be supported to do our jobs comes second in order, it is none the less just as much a legal duty as the first; it is not an optional extra that IPSA can put to one side. That is why the change of emphasis would be unnecessary and would simply have no practical effect in how it operates.

[Mr Raynsford]

Does the Minister accept the point that is articulated in paragraphs 8 to 13 of the report? There is ambiguity, which was reflected in Sir Ian Kennedy’s response in trying to define the primary principles that should guide IPSA. That lack of clarity is not helpful. There is a need for a change. I am talking not about fundamental changes in the principles, but about a clarification, so that there is no longer any ambiguity.

[Mr Harper]

That was a helpful intervention. Let me pick it up as I move on to my second thought on this matter. If recommendation 2 is going to make a significant difference, and is not a modest change, it is misplaced. IPSA has a number of objectives that must be balanced. The Committee recognises that itself. Paragraph 97 of the report states:

“Restoring public confidence in MPs and Parliament was the fundamental purpose of the 2009 Act and the establishment of IPSA. It was so basic that it did not need to be explicitly referred to in the legislation.”

It is quite clear that IPSA has a number of things that it is trying to achieve. Yes, it wants to support Members of Parliament to do their jobs efficiently, cost-effectively and transparently. Indeed, it has a legal duty to do so. It is also interested in both restoring—there is some evidence that there has been progress in that direction—and maintaining public confidence in MPs—[Interruption.] A comment has been made from a sedentary position. I am not going to repeat it for the benefit of the House. I am afraid that I am simply reading out what the Committee said in its report. Let me repeat paragraph 97 for the hon. Member for Colchester (Bob Russell):

““Restoring public confidence in MPs and Parliament was the fundamental purpose of the 2009 Act and the establishment of IPSA. It was so basic that it did not need to be explicitly referred to in the legislation.”

Those are not my words—

--- Later in debate ---

[Mr Harper]

The Committee has done an excellent job in putting together what I acknowledge to be some very good recommendations, and I hope that the House will send those recommendations to IPSA. IPSA has said that it will look at them, and that is absolutely fine. However, we must accept that, if IPSA is indeed independent, and if it considers those recommendations and decides not to implement them, we must live with its decision. It seems to me that if we say, as the report says in paragraph 204, that if it does not implement them by next April we will pass primary legislation to make it do so, we shall no longer have an independent regulator for our expenses system. I think that I speak not just for the Government but for most Members when I say that we cannot start telling IPSA what to do.

[Mr Raynsford]

I thank the Minister for giving way again. He is being very generous. May I return him to the question that I asked earlier about the lack of clarity? When giving evidence to the Committee, Sir Ian Kennedy was asked to define the basic principles that guided IPSA. He was reminded that some were contained in legislation, and that some nine or 10 others were listed in a document that he had submitted. He gave us the slightly odd response that all of them were fundamental, which—as I pointed out to him—implied a lack of clarity in regard to what really were the fundamental principles. Will the Minister please accept that, given that the recommendation of the Committee on Standards in Public Life was not transcribed into legislation in precisely those terms, there is genuine uncertainty about what should be IPSA’s dominant objectives?

[Mr Harper]

I hear what the right hon. Gentleman says, but I have made it clear that IPSA has a legal duty to carry out its work and to ensure that we are “efficiently, cost-effectively and transparently” supported in the carrying out of our functions. However, IPSA must balance that duty with a range of other duties, one of which is restoring and maintaining public confidence. It will not be possible for it to have a sole objective.