(11 years, 5 months ago)
Commons ChamberI have given way already to the hon. Lady. I want to make some progress.
As I have made clear, the Department fundamentally disagrees with the Appeal Court’s verdict, which is why it has applied for leave to appeal to the Supreme Court in respect of both grounds. We believe it is right that the regulations should allow for flexibility, so that we can respond rapidly to improve jobseekers' chances of finding work, such as trialling new approaches in Derbyshire and London to help young people get vital experience to bolster their CV. A more prescriptive approach—the one proposed by the Appeal Court—to the content of the regulations would create inflexibilities that would ultimately hinder the jobseeker's chance of finding work.
Those are the arguments that we will make before the Supreme Court, if we are granted permission. Those arguments will not be affected by the Bill. We are hopeful that we will obtain permission and that we will win our appeal. There is, however, no guarantee that we will be granted permission to appeal, or that we would win the appeal. Were that to happen, claimants who have been subject to a sanction for failing to take part in the schemes would be entitled to a refund of that sanction. It would also mean that we had no power to impose sanctions in relation to failures under the ESE regulations, in cases where no sanction decision has yet been taken—the so-called stockpiled cases. If that were to happen, the cost to the taxpayer would be up to £130 million.
It is vital that, in the present economic climate, the public purse be protected from such claims. The Bill will ensure that the taxpayer does not have to repay benefits lost by claimants who have failed to participate in employment programmes, and can properly impose sanctions for such failures. It would be unacceptable for claimants who have failed to take all reasonable steps to increase their chances of finding work to receive an undeserved windfall payment. The Bill will prevent that by providing that any decision to reduce jobseeker's allowance under the ESE regulations cannot be challenged on the grounds that the ESE regulations were invalid or the notices given under them inadequate. It makes similar provision in relation to the mandatory work activity regulations in respect of notices given under those regulations.
Following on from the intervention by my hon. Friend the Member for Halton (Derek Twigg), who pressed the Minister on whether the judgment was about a technicality or not, may I draw the Minister’s attention to the comments of Lord Justice Pill? He said:
“Claimants must be made aware of their obligations and of the circumstances in which, and the manner in which, sanctions will be applied.”
I do not think that he regarded it as a technicality, but if it is, next time the Department makes a mess, will the Minister come and seek a further retrospective Bill, in the way he has done today?
The High Court upheld the steps that we took in setting out the detail in the regulations. As I said earlier, the letter that we sent to claimants who were required to participate in the schemes set out the fact that they could be subject to sanctions of up to 26 weeks’ worth of benefits. That is not the only communication we have with jobseekers. The jobseekers who come into Jobcentre Plus will have discussed the requirements with their personal adviser, so there is a range of ways in which we will communicate to jobseekers their obligations under the schemes. That is vital. It is important that people are aware of those obligations. We believe that the notices and regulations provide sufficient detail, and that will be backed up by the conversations and other communication that jobseekers have with personal advisers.
(11 years, 5 months ago)
Commons ChamberWe have had a helpful debate on the review. I note the comments of the right hon. Member for East Ham (Stephen Timms)—I think he actually asked 11 questions, but I will allow him an extra one. The scope of the review is set out in the new clause. I take the point about the terms of reference, but we have set out the area that the review will cover.
My memory is not bad, and I recollect that the right hon. Member for Wythenshawe and Sale East (Paul Goggins) was a Minister in the previous Government so he should know what “reasonably practicable” might mean; I am sure he has probably used the phrase.
It was precisely some of the experience I was reflecting on that caused me to make the comment.
The sinner has repented on this occasion.
Let me be clear. I want the review to proceed as quickly as possible. It is in all our interests for it to do so. I am keen that we improve the quality of decision making on sanctions and that we ensure that they are applied consistently. The right hon. Member for East Ham was right to highlight the fact that my right hon. Friend the Secretary of State made it clear that there should be no targets, and that if there was evidence of targets being used at any jobcentre, we would stamp them out. We do not want targets; we want good quality decisions made consistently from jobcentre to jobcentre. I do not think targets have a role to play in that regime. [Interruption.] The right hon. Member for Birmingham, Hodge Hill (Mr Byrne) laughs. Is he saying we should have targets? I suspect not.
Well, actually it is not about leaflets. It is about signposting people to food banks. The right hon. Gentleman and his Opposition colleagues forget the way in which they tried to airbrush food banks out of history when they were in government, and to use them now as political pawns is beneath them.
I hope that the Committee will accept new clause 1. As I said in response to amendments (a) and (b) tabled by the right hon. Member for Wythenshawe and Sale East and his colleagues, we want to ensure that the Bill proceeds as quickly as possible; I do not think there is any interest in spinning it out. But we do need to ensure, as the right hon. Member for East Ham said, that it is properly and thoroughly considered. As a consequence of a measure introduced by the previous Government, we have an independent reviewer of work capability assessments. That is a very thorough process and no corners are cut, neither would we want them to be. It is helpful that there is clarity.
I know from other dealings with the Minister that if he says he wants something to happen urgently, he will get on with it—I accept his word in good faith. However, one matter he has not dealt with is the clear commitment to get on with it as a matter of urgency. My amendment proposes six months and my right hon. Friend the Member for East Ham (Mr Timms) suggested an interim report. There seems to be a coalition of ideas, and I press the Minister to indicate that he is prepared at least to consider that seriously.
I do not want to end up getting stuck in a laborious process of issuing interim reports when I would much rather let the reviewer get on with the job. As a former Minister, the right hon. Gentleman will know that just getting interim reports out of the door can be time consuming. I would rather let the reviewer focus on good recommendations and good analysis instead of bogging him down in a bureaucratic process that will not benefit any of us. I take on board the right hon. Gentleman’s comments, but in the interests of expedition and speed an interim report would slow the process rather than accelerate it.
(13 years, 9 months ago)
Commons ChamberIndeed, the tax models for ISAs and pensions are different. With an ISA, the income and gains are tax-exempt, which is one of their incentives.
I believe that child trust fund eligibility should end for children born from January 2011, as the Bill provides, and not from any other date. I continue to believe that ending eligibility is the right thing to do. I know that some find that disappointing, but in the middle of the exceptional fiscal challenge that we are facing, it simply does not make sense to continue to spend half a billion pounds a year on giving people money that is locked up until the age of 18. There are more urgent priorities, and the child trust fund is a luxury that we cannot afford.
I wish now to refer to the amendments tabled by the right hon. Member for Wythenshawe and Sale East and the wider points raised in his new clause and amendment that were not selected. I understand his point about looked-after children, who are among the most disadvantaged young people in our society and face a number of particular challenges that mean they need additional support. As he said, we met last week to discuss the matter, and he outlined to me the proposal that he has referred to today. As I said then, I have a lot of sympathy with what he is trying to achieve, and I want to consider the matter more closely. Indeed, I have already written to the Under-Secretary of State for Education, my hon. Friend the Member for East Worthing and Shoreham (Tim Loughton), to ask his views on the proposal. We will have to consider it carefully, but as I have said a number of times during debates on the Bill, we have limited resources at the moment and there is currently no unallocated funding in the Department for Education budget that could be used for the suggested payments. We would also have to be sure that they were the best use of our resources and gave us the best possible value for money.
As I have said, there is also the question of whether locking up money for up to 18 years provides better value than spending it to support people now, and we need to ensure that we focus resources on our priorities. We will also have to consider what the proposal would leave children with. As the right hon. Member for Wythenshawe and Sale East explained, the provision would not be triggered until a child had been in care for at least 13 weeks, to avoid junior ISA accounts being opened for children who were in care for only a week or so. We know that, thankfully, most children are not in care for long periods. Of the children who left care in 2009-10, about 37% were in care for less than six months. I will therefore wish to consider how many children would receive accounts containing just the £250 Government payment that he suggests, and whether those accounts would necessarily provide good value.
However, as I have said, I am more than happy to continue to consider the proposal with my hon. Friend at the Department for Education, and I certainly commit to maintaining contact with the right hon. Member for Wythenshawe and Sale East. I reassure him that if we do want to move forward with his proposal or something similar, the Bill will not be the right vehicle for doing so. It may be possible to legislate on the matter alongside the provisions on junior ISAs, or even to introduce them without legislation. Not including them in the Bill does not close down our options.
I understood the right hon. Gentleman’s points on amendments 51 and 52, which were selected, but there are practical reasons not to accept them. First, as I have said, we are still looking closely at our options, and that may end up making the reports called for in those amendments unnecessary. Secondly, if we wanted such reports to be produced, requiring their completion by the end of 2011 would be too early. By then, child trust funds would only just have stopped being opened, as the last vouchers are not expected to expire until well into 2012, and junior ISAs would have been in place for only a few months.
Thirdly, I suggest that even if we did want to carry out the reports that the right hon. Gentleman suggests, we could do so without having them specified in the Bill. In fact, leaving them out of the Bill would provide us with more flexibility on both content and timing.
I am very grateful to the Minister for clearly giving very serious consideration to the points that I put to him at our meeting last week. He has clearly weighed them up carefully. I am grateful that he has already written to his colleague in the Department for Education.
The Minister will understand my slight concern that, notwithstanding the fact that he is going to consider my proposals seriously, the Bill will now go to the other place and—in fairly short order, he hopes—become an Act. With the Government’s majority, I am sure that will happen. I do not want the focus on the important issues that we have discussed to be lost, so will he make a commitment that as far as possible, they will be addressed as the Bill is considered in the other place?
(13 years, 10 months ago)
Commons ChamberThe Labour party is clearly looking for more substance for its economic plan, and perhaps the hon. Lady’s idea of tackling the winter fuel payment is something that the shadow Chancellor will embrace. I look forward to hearing whether those on the Opposition Front Bench will decide to adopt her idea or dissociate themselves from it.
The Minister is turning to support for the most disadvantaged. If there is one area that should unite all parts of this House, it is the welfare of looked-after children, most of whom arrive in care with nothing and leave care with nothing. If there is any group that needs to build up an asset base, it is children in care, yet the Minister is taking away at a stroke the possibility of building up an asset base by getting rid of the child trust fund. How can he, as a Minister, possibly justify his Government’s claim that they are protecting the most vulnerable, when he is robbing children in care?
I am turning to child trust funds, and I take on board the right hon. Gentleman’s point. As one of the consequences of our decision to scrap the child trust fund, we are using some of the money that we have saved to provide respite care for disabled children. We have thought carefully about the issues, and, frankly, the decisions are not easy to take. Our decision to scrap the child trust fund is important. It will enable us to deliver the pupil premium and the £2.5 billion package, which was recently announced, to support children from disadvantaged backgrounds. The right hon. Gentleman should look at the issue in the round rather than cherry-picking particular policy areas.
I am sorry, but I need to make progress.
We are prioritising fairness and social mobility, providing sustained routes out of poverty for the poorest. While encouraging some of the poorest to build up savings can be seen as meeting those goals, in the tight fiscal position that we have inherited, it is better to invest more in education and health, which will have a greater immediate impact than building up assets.
Order. Mr Goggins, you are going to have to sit down. The Minister is not giving way. I know that you are trying to catch his attention, but you cannot stand up for five minutes waving your hands. You have got to get used to being back on the Back Benches.
On a point of order, Mr Deputy Speaker. Is it in order for the Minister consistently to refuse to take an intervention from someone who has already pursued a specific issue and wishes, in the light of something that the Minister has said since, to take up that issue with him in a constructive manner?