Exiting the EU and Workers’ Rights

Debate between Michael Tomlinson and Neil Gray

Monday 7th November 2016 Commons Chamber

[Michael Tomlinson]

As ever, the hon. Gentleman is making his case eloquently. However, did he fail to listen to the speech made by the Secretary of State, who set out clearly that all these rights will be transferred?

[Neil Gray]

For how long? In addition, does the Secretary of State carry the confidence of his Back Benchers? We are still to find that out. As I have said, so many of his colleagues have given us mixed messages about the so-called “burden” of EU workers’ rights on this country.

A substantial component of UK employment law is grounded in EU law, and where it exists it provides a minimum standard below which domestic employment cannot fall. Although some protections already existed in domestic law before being enhanced at an EU level, in many cases new categories of employment rights have been transposed into domestic law to comply with emerging EU obligations. Subject to the provisions of the EU withdrawal arrangement or a subsequent trade agreement, withdrawal from the EU would mean that the UK employment rights currently guaranteed by EU law would no longer be so guaranteed, which leaves us reliant on a Conservative Government to step up for workers.

A post-Brexit Government could also seek to amend or remove protections enshrined in EU law for UK workers. The House of Commons Library paper makes it clear that EU-derived employment rights that feature in primary legislation would be relatively safe from the effects of leaving the EU, but would be

“newly susceptible to the possibility of change.”

Disability Employment Gap

Debate between Michael Tomlinson and Neil Gray

Wednesday 8th June 2016 Commons Chamber

[Neil Gray (Airdrie and Shotts) (SNP)]

I am grateful for the opportunity to contribute to this important debate and I congratulate the hon. Member for Pontypridd (Owen Smith) on securing it.

We absolutely agree with the Government’s aim of halving the disability employment gap, but we have serious concerns about the actions they are supposedly taking to achieve it. With just three-and-a-half years in which to achieve their goal, they are failing. The Resolution Foundation estimates that halving the gap by 2020 will require 1.5 million people with disabilities to be supported into work. I agree with what the Resolution Foundation said in yesterday’s report, “Retention deficit”, in which it highlights that work

“is not right for everyone”

and that the Government could damage their aims by pushing work at all costs, but that there is an opportunity in the discussions on health and work.

Opposition Members have said on numerous occasions —during and since the passage of the Welfare Reform and Work Act 2016—that the Government are doing things in the wrong order and are, as a result, harming their own objectives. They cut off support from ESA WRAG and universal credit work allowance, and we will now be waiting even longer before the replacement system is up and running.

I welcome the reference in the Labour party motion to the frustration over the delay in the publication of the long-promised White Paper. However, while I remain sceptical about the Government’s real intentions in their change of heart, I welcome the announcement of the Green Paper on health and work—assuming that there is a genuine consultation process, a genuine listening on the Government’s part to stakeholders and a genuine investment in the resulting service—but why were those things not done before the cut to ESA WRAG and before the cut to universal credit work allowance?

The now not-so-new Secretary of State must quickly set out a timetable for the Green Paper consultation and for publication. We cannot allow the Green Paper to follow the White Paper. We in the SNP are deeply concerned that valuable time in which to make progress on disability employment is being lost as a result of this delay. The Tories cannot be allowed to kick this into the long grass. The Green Paper should be brought forward urgently, with real engagement with the community and voluntary sector, to shape the new framework. The Secretary of State must formally make a statement of his intentions and lay out a road map for the development of the new programme and time frame.

The Resolution Foundation also said yesterday that benefit off-flows do not always equate to sustained employment and that the Government’s policy is focusing too much on their rhetoric about getting people off benefits, while not supporting people who are currently in employment to keep them in it. The Resolution Foundation has made a number of recommendations, which I hope the Government will read and consider.

The Secretary of State rightly said he wanted to turn the discussion on social security away from statistics and towards the people involved, and I have some people who desperately want to be listened to and who have agreed to have their cases raised today. These people highlight the issues being faced by disabled people throughout the social security, access-to-employment and workplace processes. Their stories highlight how they are being let down.

At the end of last year, I was contacted by a young woman with autism, who was being forced through round after round of assessment, form-filling and evidence-offering. She was in receipt of PIP and had only recently taken part in the assessment process for it when she was told she would need to go through a work capability assessment and to submit evidence to receive ESA, which she was being cut from. She had to compile and submit all the same evidence a few short months after the same Government Department had requested it. She had to go through very similar and, for her, equally traumatic assessment processes for the same Department for which she had done it a few short months prior. For anyone, that would be an upheaval and an unnecessary burden, and it would result in increased anxiety, but for someone with autism, it is painfully traumatic.

Most galling for me, however, was that my constituent’s placement was put at risk by the decision over ESA. She would not be able to continue if she failed the WCA and was forced back on to JSA. That is why removing ESA WRAG is so damaging to the prospects of those who are on the cusp of finding employment, but who need that extra support and additional resource to get there—in the case of someone with autism, for instance, so that they can finance a familiar taxi, rather than use the daunting, potentially dangerous and unknown world of public transport—and to stay on a training placement, which builds their confidence towards the workplace.

The National Autistic Society has said that its research shows that only 15% of autistic adults are in full-time paid employment. It says the Government cannot rely on an improving economy alone to ensure that disabled people, including autistic people, share the same employment opportunities.

[Michael Tomlinson]

The hon. Gentleman is citing some good cases, as he always does when this issue comes up for debate, but does he not agree that the underlying problem with ESA was that only 1% of those on the programme actually went into work, when 60% or more wanted to find work? The programme simply was not working. Does he recognise that?

[Neil Gray]

Absolutely, but I also recognise that cutting off support cuts off the access to work available to some people, including the constituent I described, and puts the cart before the horse.

The changed system should have been put before the House for debate and scrutiny before the cuts to ESA and universal credit were applied. That was simply ludicrous, and I suspect that we are now going to pay the price. Mencap estimates that

“less than two in ten people with a learning disability are in employment”,

despite, in its estimation,

“eight out of ten being able to work with the right support”,

and a majority wanting to work. The key phrase is

“being able to work with the right support”.

Mencap’s criticism is that the

“support is often not available or those giving that support often do not understand learning disability.”

My nephew and his parents have been through the wringer to get support for him for almost all his life. He is approaching his 17th birthday and is sitting his GCSEs in Lancashire—I wish him well as he goes through that. He has cerebral palsy, which limits his mobility but has not limited his communication skills—far from it. Getting the right wheelchairs, accessing school transport and getting additional support when he needs it at school has been a constant fight for the family, and now he is anxious about what happens as he transitions from school into work. This is what he said to me when I asked him, ahead of this debate, about entering the employment market:

“I’m not sure what I can ask of an employer, for example, if I want to work at an Apple Store but all the tables are too high for me to reach can I ask the employer to make the tables accessible to me? I also sometimes worry that employers may choose another applicant for a position because they believe it would be easier to employ them, even if I am the best person for the job. I would however like to say that when I went for the interview for my apprenticeship my school were very supportive, but that may be because they already know me and I’ve been there for the past five years.”

That tells me of the lack of confidence that many disabled people have about entering the employment market. My nephew is the most gregarious, confident and engaging young man you could wish to meet, yet he feels he will be held back at work. He feels—unsurprisingly because of the way he has had to fight for support throughout his life—that he will have to ask employers for help: that he will be a burden on his future employers because of his disability, and that that will lead to him losing out.

That tells me, and it should ring loud and clear to the Government, that for the employment gap to be halved and for people with disabilities get fair access to employment we need to address how we treat them in all areas of social security support. Making them feel as though they have to fight for help and support that should be their right and expectation damages their long-term prospects and confidence to enter the employment market.

Benefit Sanctions

Debate between Michael Tomlinson and Neil Gray

Wednesday 16th December 2015 Westminster Hall

[Neil Gray (Airdrie and Shotts) (SNP)]

It is a pleasure to serve with you in the Chair, Mrs Gillan. I congratulate my hon. Friend the Member for Banff and Buchan (Dr Whiteford) on securing the debate, which follows on from one that I secured in this Chamber two weeks ago. The Minister may well be getting fed up with responding to Scottish National party debates about the Government’s sanctions regime, but I warn her that the party will return to the issue and challenge the Government on it until we see fairness in the social security system.

My hon. Friend the Member for Banff and Buchan made an excellent speech and has been a constant campaigner on the issue for some time. I pay tribute to her for that. She highlighted the issue of work capability assessments and people being declared fit for work when they are clearly not. She also highlighted the fact that although there is a need for some form of conditionality, the conditions should be proportionate and fair. She called on the Government to look at the trial of the yellow card warning system, and argued that the very need for it shows that the system is not working. I call again on the Minister, as I did two weeks ago, to tell us about the detail of that trial—when we can expect it to happen, and where and how it will happen. That detail has not so far been forthcoming.

My hon. Friend the Member for Banff and Buchan also highlighted the hardship and destitution resulting from sanctions. The Crisis report gives excellent qualitative evidence on that: 1,000 people were spoken to in a survey, and the impact on their lives was documented. My hon. Friend’s speech, coupled with the Crisis research, reveals the urgent, desperate need for a review of the sanctions regime, and for better protection of homeless claimants and those with mental health conditions against extreme hardship resulting from sanctioning.

My hon. Friend also touched on issues to do with hardship payments, which I hope the Minister will reflect on and deal with. Sanctions have not become a deterrent. That is clear, and my hon. Friend showed it. Indeed, there is a debate to be had about whether a deterrent is needed. The Crisis report set out that homeless people accept the need for conditionality. The problem is that they are simply unable to comply with the conditions, because of their unfortunate circumstances.

My hon. Friend the Member for Glasgow North East (Anne McLaughlin) made an incredibly powerful speech on behalf of her constituents, and I must agree with her. Over the nearly eight years I have helped in and represented the constituency of Airdrie and Shotts, I have yet to come across anyone who has shirked the responsibility of looking for work, or anyone who does not want to get work. As my hon. Friend said, there is no bonus for living on social security support. I support her in challenging any of us here to live on £73 a week. Maybe we could do it for one week, but week after week it would be incredibly difficult. No one gets comfortable on benefits. For her to be able to draw on her own experience of living on social security support and applying for jobs, and of the dent to confidence from being knocked back, was powerful testimony to which I hope the Government pay heed.

My hon. Friend the Member for Aberdeen North (Kirsty Blackman) was worried about following my hon. Friend the Member for Glasgow North East, but she did so well. She drew on figures from the Crisis report, such as the one showing that 77% of those sanctioned had skipped meals. That has to be a wake-up call. That figure alone should trouble Members in all parts of the House. Another critical figure is that 60% of those sanctioned found it harder to find work as a result—little wonder, frankly. The rise in the number of food banks in her constituency is reflected in mine, but we should not be relying on food banks and third sector organisations to fill the gaps in the social security safety net caused by Government cuts. I hope that the Minister will reflect on that in her winding-up speech.

My hon. Friend the Member for Glasgow Central (Alison Thewliss) spoke about the case of her disabled constituent who was sanctioned for a year—an absolutely disgraceful example, which we should all be shocked by. She was also quoted in a newspaper report this morning—I have a copy, if the Minister wishes to read it—which highlights another of her constituency cases. My hon. Friend’s constituent had earned employment at the DWP, but was sanctioned while waiting for the employment to start. That sums up the omnishambles of the sanctioning regime.

[Michael Tomlinson]

The hon. Gentleman, too, is highlighting some of the hard cases. As the SNP spokesman, however, will he confirm whether it is his and his party’s policy for there to be no sanctions system? After all, sanctions have been part of the social security system since 1946.

[Neil Gray]

I pay tribute to the hon. Gentleman for his diligence, especially after the put-down by my hon. Friend the Member for Glasgow Central: the hon. Gentleman was himself late for the debate and, had he been on social security support, he would have been sanctioned. I do not believe that many of us could survive for longer than a month or so without our own salary, never mind the £73 a week that other people have to live on. It does him no service to push this. As for our view of sanctions, we believe that there should be conditionality, absolutely, but not the punitive sanctioning that has increased exponentially under this Government and the previous one. That is our concern, not conditionality or sanctioning in general. I hope that answers the hon. Gentleman’s question.

As my hon. Friend the Member for Banff and Buchan said, the sanctions regime is causing extreme hardship and is being operated in an arbitrary and unfair way. The Crisis report she quoted shows plainly what is happening to homeless people.