Disabled People on Benefits: EHRC Investigation

Debate between Mims Davies and Roger Gale

Thursday 23rd May 2024 Commons Chamber

[Mims Davies]

I was looking forward to giving evidence to my right hon. Friend on many of these matters, alongside my hon. Friend the Minister for Employment. Indeed, there was work to come forward on Disability Confident, Access to Work, the disability employment goal and much more.

I point my right hon. Friend to action we have taken, including just this week. There is the Government-backed lilac review on disabled entrepreneurs, which is absolutely about listening to disabled people and having them at the heart of the conversation. Fantastic engagement on British Sign Language, fully in BSL, has been at the heart of that. There has also been the PIP consultation and the wider reform conversation. We have also brought forward the Buckland review.

My right hon. Friend is absolutely right about inclusion. It works because when it is embedded, it is right for the bottom line of the business, the organisation and the community. It is not a “nice to do” and it is not woke; it is what we should be doing.

[Mr Deputy Speaker (Sir Roger Gale)]

I call the Opposition Front-Bench spokesperson.

[Dame Angela Eagle (Wallasey) (Lab)]

This is the first time in history that the Equality and Human Rights Commission has decided to investigate whether a Secretary of State has “committed unlawful acts” by discriminating against disabled people as a result of the way that the Government have run the benefit system. According to a report by the all-party parliamentary group for health in all policies, it may have led to

“the deaths of vulnerable claimants, by suicide and other causes”.

Yesterday, appearing before the Work and Pensions Committee, the Secretary of State feigned surprise at the Equality and Human Rights Commission taking that unprecedented step, yet he previously claimed that he and his Department were close to securing a legally binding agreement to uphold disabled people’s rights. I wonder what has changed.

Will the Minister recognise the seriousness of her predicament and apologise to disabled people for her Department’s obvious reluctance to engage meaningfully with the Equality and Human Rights Commission? Why has her Department presided over a benefit system that the commission believes could be unlawfully discriminating against disabled people? Will she take the opportunity to apologise to all those disabled people who have had their life torn apart by her Department’s potentially illegal administration of the benefit system?

Disability Action Plan

Debate between Mims Davies and Roger Gale

Monday 5th February 2024 Commons Chamber

[The Minister for Disabled People, Health and Work (Mims Davies)]

Today, and in British Sign Language for those watching on Parliament Live, I am delighted to deliver on the Government’s commitment to transform the everyday lives of disabled people across the country for the better. We as a Government are working to make this country the most accessible place in the world for disabled people to live, work and thrive, and today I am proud to announce another important milestone: the publication of the disability action plan, which will actively make a difference to disabled people’s daily lives.

In December 2022 my predecessor, my hon. Friend the Member for Corby (Tom Pursglove), announced the intention to develop a new disability action plan to set out the practical, immediate actions that Ministers across Government will take to improve disabled people’s daily lives. Following that, my Department and the Disability Unit did a huge amount of work, and I thank everyone involved. Since coming into the role I have spent time listening, engaging and continuing to ensure that the voices of disabled people are properly heard, as that is an important priority for the Government. That is why in July 2023 we consulted on the draft disability action plan, setting out a range of proposals where we felt we could take immediate action or lay the foundations for longer-term change. We rightly wanted to give everyone, and most importantly disabled people, disabled people’s organisations and other key charities and stakeholders, the chance to have their say on the draft plan.

The consultation ran for 12 weeks and I am immensely grateful to every single person who took the time to respond. In the consultation we set out 12 areas for action. Each area proposed how the Disability Unit, together with my Department, other Government Departments and partners, would take action to drive improvements in those areas. Since the consultation closed in October, we have been carefully working through more than 1,300 responses, which pleasingly showed broad support for almost all our proposals. We have used these responses, along with feedback from a series of events and discussions during the consultation period, to finalise the proposals, adding a number of new measures to respond specifically to these consultation findings. An independent analysis of the consultation findings will be published on gov.uk today alongside the final plan when I conclude my statement.

The disability action plan we are publishing today sets out 32 practical actions, which I will lead across Government to take forward over the next 12 months with disabled people, disabled people’s organisations, other Government Departments and public service providers to improve the everyday lives of disabled people. These actions sit across 14 different areas, aiming to: better support disabled people who want to be elected to public office; include disabled people’s needs more effectively in emergency and resilience planning; include disabled people’s needs in climate-related policies; improve information and outcomes for families in which someone is or becomes disabled; make playgrounds more accessible for everybody; help our businesses of all sizes and sectors to understand the needs of, and deliver improvements for, disabled people; explore if the UK could host the Special Olympics world summer games in 2031; improve support for people who have guide or assistance dogs; help the Government to measure how effective their policies and services are for disabled people; research issues facing disabled people in the future so the that Government can be more proactive in addressing them; make Government publications and communications more accessible; improve understanding of the cost of living for disabled people; promote better understanding across Government of the United Nations convention on the rights of persons with disabilities; and monitor and report progress of the disability action plan. I can confirm that we will provide Parliament with updates on our progress in delivering against these actions in the plan in both six and 12 months’ time.

The disability action plan will be taken forward in parallel with the national disability strategy. Published in 2021, this wider strategy sets out the long-term vision to transform disabled people’s lives for the better. A written ministerial statement to Parliament on 18 September 2023 provided an update on progress on those commitments. Taken together, the disability action plan and the national disability strategy demonstrate this Government’s clear focus on improving disabled people’s daily lives in the here and now, and in the years to come.

As well as the disability action plan and the national disability strategy, the Government are already delivering significant work in areas that disabled people have told us are a priority, including reforms to employment and welfare through “Transforming Support”, the health and disability White Paper, and the back to work plan, and improving health and social care through the “People at the Heart of Care” White Paper. Further ongoing work by Departments includes cost of living support through Help for Households, as well as the SEND and alternative provision improvement plan.

Today’s new disability action plan is another vital pillar in improving disabled people’s everyday lives. Working with disabled people and their representative organisations, and with my colleagues across Government in my roles as lead for the disability unit and chair of the cross-Government ministerial disability champions, we will take immediate action now and in the coming months to achieve real, tangible improvements for disabled people, to help to deliver on their needs and to change disabled people’s daily lives for the better.

I commend this statement to the House.

[Mr Deputy Speaker (Sir Roger Gale)]

I call the shadow Minister.

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[Mims Davies]

Thank you, I will take that. Under our Government, the role has been mixed, which does not mean that we do not take it seriously. I take it extremely seriously.

I have come to the role with my own personal experience of living with my father, who became disabled and lived under the Court of Protection. When I was growing up, my mum worked with disabled adults, getting them into work. She was an early part of the Riding for the Disabled Association and the Special Olympics movement. No matter what rank I have in the Government, I bring that experience and interest to the role. I say to people watching that the pay cheque or the rank simply do not matter—I am in this for them.

The Under-Secretary of State for Energy Security and Net Zero, my hon. Friend the Member for Derby North (Amanda Solloway), and I have met to discuss the point made by the hon. Member for Lewisham, Deptford about the cost of energy. My hon. Friend is a disability champion across Government, as am I, so we will continue to engage. I reiterate that the cost of living payments will start again tomorrow. Some 6.4 million people across the UK have been able to claim an extra £150 in addition to their disability benefits, as the hon. Lady mentioned.

It is, of course, a challenging time for everybody. We put in place the furlough scheme and the other support for businesses and communities across the country to try to keep people on their feet. Between 2022 and 2025, we provided £104 billion to help people with the cost of living. To anybody who has a disability, a health condition or any other need, I say: please look at the benefits calculator on gov.uk. They should look at the household support fund, which runs for a full year—a whole six months longer than the previous one. There is a huge amount of interest in it, so I urge people to contact their local authority about it. I am delighted that many people with caring responsibilities and those looking after disabled people have been helped in this way.

Finally, the help-to-claim service is there as well, provided by the DWP working with Citizens Advice, to make sure that those in need do not have to worry, because the Government, both locally and nationally, are there for them.

[Mr Deputy Speaker (Sir Roger Gale)]

I call the Chair of the Women and Equalities Committee.

[Caroline Nokes (Romsey and Southampton North) (Con)]

I am sure that as an ambassador for the Special Olympics, my constituent the great Lawrie McMenemy will welcome the announcement that my hon. Friend has just made. Specifically, she has announced 32 practical actions across 14 separate areas. That gives an idea of the scale of the challenge when it comes to co-ordination and accountability. There are disability champions across every Government Department, and of course there is the disability unit in the Cabinet Office. How will she make sure that the challenge of co-ordination is successfully met, so that my constituents and each Member in this House will know who to turn to, and who to hold accountable, if those 32 practical actions are not delivered?

[Mims Davies]

I thank my right hon. Friend for her point about the Special Olympics. When I was Sports Minister, I had the honour of meeting her constituent. I share his passion for a very important movement. It is potentially life changing, which is why I am delighted that it is in this plan.

My right hon. Friend asks about the evidence and data around the disability action plan. The plan is there to improve the quality of Government health data, and to increase insight into the needs and barriers that affect disabled people’s daily lives. Ultimately, we will evaluate the impact of these policies and services, and we will use data, when they are available, to monitor and assess the outcomes of the plan. We will start work on developing more comprehensive evaluation. I know that, through her role as the Chair of the Select Committee, she will absolutely measure me and my role in this. I assure her, the House and all those watching that the plan is absolutely about learning, and delivering on this challenge.

[Mr Deputy Speaker (Sir Roger Gale)]

I call the SNP spokesperson.

[Marion Fellows (Motherwell and Wishaw) (SNP)]

I thank the Minister for prior sight of her statement. This disability action plan is not a plan; it is a mishmash of short-term policies. Some of the proposals are welcome and should have been sorted out long ago. Others are unclear and simply do not address the most pressing concerns of disabled people.

In my submission to the DAP consultation, I listed key areas that had been overlooked. Cost of living and welfare support are still missing, even though these areas were consistently raised by disability organisations and individuals. The Minister says that the Government will improve understanding of the cost of living for disabled people. What better understanding do they need? For the past two years, disabled people have been crying out for more targeted financial support to assist with their additional cost of living needs.

The Minister said that the Government will promote better understanding of the United Nations convention on the rights of persons with disabilities across Government. What does that actually mean? In 2016, the UK Government were found to have systematically failed disabled people. That is still happening. The work capability assessment reforms will subject more disabled people to the cruel, punitive, and ineffective sanctions regime. Why? If the Government are serious about improving the lives of those with disabilities, they should start by scrapping the proposals ahead of the 6 March Budget. How much of this plan will actually be enacted before the general election?

In contrast, the Scottish Government are acting within budgetary constraints to improve the lives of disabled people through the adult disability payment and child disability payment. The independent living fund, with an initial investment of up to £9 million, will enable people with disabilities to improve their life. Finally, no offence, but the downgrading of the role of Minister for disabilities indicates this Government’s disregard for people with disabilities.

--- Later in debate ---

[Mims Davies]

I thank my right hon. Friend for her kind words, and for her incredible, impeccable support; she took the British Sign Language Act 2022 through Parliament, and I thank her for the work that she has done in my Department, and her continuing interest in these matters. Fundamentally, the disability action plan is about disabled people’s daily lives, and their needs not being an afterthought in any part of Government.

I will be honest: coming into this role, I found getting messages out extremely challenging. I will take that forward by promoting accessible communications, monitoring standards and training, and ensuring full inclusion. The hon. Member for Lewisham, Deptford (Vicky Foxcroft) mentioned the No. 10 Downing Street briefings. It is so important that everybody knows the central messages; everyone needs to be included. That is why one of the actions comes down to local resilience forums, and having the right engagement at a local level in times of needs. I am sure that my right hon. Friend the Member for Norwich North (Chloe Smith) will welcome that, too.

[Mr Deputy Speaker (Sir Roger Gale)]

I call the Chair of the Work and Pensions Committee.

[Sir Stephen Timms (East Ham) (Lab)]

The Select Committee called for a review of the underperforming Disability Confident scheme. That review was delayed by the pandemic, but in October we were told that officials were refining the recommendations. Can the Minister tell us what the plan says about Disability Confident, and does it hold out the prospect of shorter waiting times for Access to Work?

--- Later in debate ---

[Mims Davies]

I do not appreciate the characterisation—[Interruption.] Excuse me, the hon. Gentleman seems to be distracted. As I was saying, I do not understand his characterisation. There are 32 actions over the next 12 months in 14 different areas where we have listened and engaged with disabled people. We have heard what they want, and those actions are in parallel with our national disability strategy. His is exactly the kind of rhetoric—“The Government are against you and not supporting you”—that makes disabled people feel more isolated and concerned for their welfare. I want to say squarely to people listening today that we have an absolute focus on what we can do to make sure that disabled people’s daily lives are better and that there is support and help there for them. This is one of the pillars of support that this Government are absolutely committed to. When he reads the full plan, he will see that it will make disabled people’s daily lives better, and that is what this Government are determined to deliver.

[Mr Deputy Speaker (Sir Roger Gale)]

I thank the Minister and those on the Opposition Front Bench for their presence.

Child Support Collection (Domestic Abuse) Bill

Debate between Mims Davies and Roger Gale

Friday 3rd March 2023 Commons Chamber

[Mr Deputy Speaker (Sir Roger Gale)]

Before we get on to proceedings, I remind Members of the differences between Report and Third Reading. The scope of debate on Report is limited to the amendments I have selected. The scope of the Third Reading debate that follows will be the whole Bill, as it stands after Report. Members may wish to consider those points and then decide at which stage or stages they want to catch my eye.

New Clause 1

Collection of maintenance in Northern Ireland: cases involving domestic abuse

‘(1) The Child Support (Northern Ireland) Order 1991 (S.I. 1991/2628 (N.I. 23)) is amended as follows:

(2) In Article 7 (child support maintenance)—

(a) after paragraph (3) insert—

“(3A) Where a maintenance calculation has been made in response to an application under this Article, the Department may, if the person with care or the non-resident parent applies to the Department under this paragraph, arrange for the collection of the child support maintenance payable in accordance with the calculation if satisfied on the basis of evidence of a prescribed kind relating to relevant abusive behaviour that it is appropriate for such arrangements to be made.

(3B) For the purposes of paragraph (3A), ‘relevant abusive behaviour’ means—

(a) where the application under paragraph (3A) is made by the person with care, behaviour of the non-resident parent that is abusive of the person with care or of any child living in the same household with the person with care;

(b) where the application under paragraph (3A) is made by the non-resident parent, behaviour of the person with care that is abusive of the non-resident parent or of any child living in the same household with the non-resident parent.

(3C) What amounts to abusive behaviour for the purposes of paragraph (3B) is to be construed in the same way as is provided for in Chapter 1 of Part 1 of the Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021 (c.2 (N.I.)) (see sections 2, 3(2) and 4 of that Act).”;

(b) in paragraph (4) (purposes for which regulations may require information to be provided)—

(i) omit the “and” after sub-paragraph (b);

(ii) after sub-paragraph (c) insert “; and (d) the making by the Department of a determination for the purposes of paragraph (3A).”

(3) In Article 29(1) (collection of child support maintenance)—

(a) after “7(2A)” (as inserted by Article 127(3) of the Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006 (N.I. 1))) insert “and (3A)”;

(b) after “7(2)” insert “or (3A)”.

(4) In Article 48(2)(a) (regulations to be laid before Assembly after being made), before “9(1)” insert “7(3A),”.’—(Mims Davies.)

This new clause makes amendments to the Child Support (Northern Ireland) Order 1991 that correspond to those clause 1 of the Bill makes to the Child Support Act 1991 in respect of England and Wales and Scotland.

Brought up and read the First time.

[The Parliamentary Under-Secretary of State for Work and Pensions (Mims Davies)]

I beg to move, That the clause be read a Second time.

[Mr Deputy Speaker (Sir Roger Gale)]

With this it will be convenient to discuss the following:

Amendment 1, in clause 4, page 3, line 15, leave out “and Scotland” and insert “, Scotland and Northern Ireland”.

This amendment is consequential on NC1.

Amendment 2, page 3, line 16, after “(4)” insert “, (4A)”.

This amendment is consequential on Amendment 3.

Amendment 3, page 3, line 20, at end insert—

“(4A) Section (Collection of maintenance in Northern Ireland: cases involving domestic abuse) comes into force at the same time as Article 127(2)(b) of the Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006 (N.I. 1)).”

This amendment provides for NC1 to come into force at the same time as amendments made by the Welfare Reform (Northern Ireland) Order 2015 to the Child Support (Northern Ireland) Order 1991.

Amendment 4, page 3, line 24, at end insert—

“(6A) The Department for Communities in Northern Ireland may by regulations make transitional or saving provision in connection with the coming into force of section (Collection of maintenance in Northern Ireland: cases involving domestic abuse).

(6B) The power to make regulations under subsection (6A) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I.1979/1573 (N.I. 12)).”

This amendment enables the Department for Communities in Northern Ireland to make transitional or saving provision in respect of Northern Ireland corresponding to that which may be made by the Secretary of State in respect of England, Wales and Scotland.

[Mims Davies]

New clause 1 makes amendments to the Child Support (Northern Ireland) Order 1991 that correspond to the amendments this Bill makes to the Child Support Act 1991 in respect of England, Wales and Scotland. The amendments make provision for Northern Ireland to allow victims of domestic abuse who use the Child Maintenance Service, to request the collect and pay service on the grounds of domestic abuse and where there is evidence of domestic abuse against the requesting parent or children in their household by the other parent.

Child maintenance is devolved in Northern Ireland; however, the Northern Ireland Assembly has typically made legislation that mirrors Great Britain. Due to the current suspension of the Assembly, it is not possible for Northern Ireland to make the necessary mirroring legislation at this time, although we all hope that situation will change as soon as possible.

As hon. Members will know from the Bill’s Second Reading and Committee stage, these proposals did not initially extend to Northern Ireland, as Northern Ireland colleagues were unable to obtain a legislative consent motion, which would be the normal process. However, as described, in the continued absence of a functioning Assembly, officials in the Department for Communities in Northern Ireland have confirmed that they wish Northern Ireland to be included within the scope of the changes proposed in the Bill, and I can confirm to the House that approval in principle has been obtained from the relevant officials of the Department for Communities.

In considering this new clause, I remind hon. Members what the Bill is intended to achieve: better support for victims of domestic abuse. The Bill will amend primary legislation to allow a parent, or a child in Scotland, to request the collect and pay service on the grounds of domestic abuse where there is evidence of abuse against them or children in their household. It is an important measure for domestic abuse victims who use the CMS, as they will be able to decide which service type is best for them and their circumstances.

I turn now to the amendments. Amendments 1 and 2 are consequential amendments. Amendment 3 provides for the new clause to come into force at the same time as amendments made by the Welfare Reform (Northern Ireland) Order 2015 to the Child Support (Northern Ireland) Order 1991. Amendment 4 will enable the Department for Communities in Northern Ireland to make transitional or saving provision corresponding to that which can be made by the Secretary of State in respect of England, Wales and Scotland.

This Government take the issue of domestic abuse extremely seriously, and the Child Maintenance Service is fully committed to ensuring that all parents get the right support and are safe when using the service. I am delighted that these important measures will be implemented in Northern Ireland. I am sure Members agree that this important protection should be available to people across the United Kingdom, so this amendment and the other consequential amendments will ensure that victims of domestic abuse in Northern Ireland can benefit from the provisions in the Bill.

Members have previously raised the issue of domestic abuse training. I want to reiterate that the CMS has substantially strengthened its procedures and processes through the introduction of mandatory training and new and updated tools for customers who are experiencing domestic abuse. The CMS will rightly be reviewing this training following the independent review. I remind the House that the application fee is waived for those who have suffered domestic abuse. The CMS will act as an intermediary in direct pay cases to facilitate the exchange of bank details, to ensure that no personal information is shared. The CMS provides information on how to set up bank accounts with a centralised sort code, which allows survivors of abuse to be safe and not to be traced.

During the passage of the Bill, it has been important for Members to understand how the wider Department for Work and Pensions can help people experiencing domestic abuse. I will take this opportunity to mention Ask for ANI, a code word scheme that allows domestic abuse victims to signal discreetly that they need support. This initiative, which was developed by the Home Office and supported by delivery partner Hestia, has been made available to over 500 pharmacies since January 2021. Anybody who is suffering from or fearful of domestic abuse can use Ask for ANI when they are engaging with the Child Maintenance Service, and they will be guided to a safe space to share their practical concerns and be offered support, perhaps by calling the police or reaching out to specialist domestic abuse services.

The DWP is committed, as part of the Home Office’s tackling domestic abuse plan, to piloting the Ask for ANI initiative in jobcentres, and those pilots are already under way in England, Wales, Scotland and Northern Ireland. I want to reiterate to anybody who is concerned about this matter, no matter where they are in the United Kingdom, that the Child Maintenance Service is there and able to support those who come forward.

The review set out some clear recommendations on how the CMS should respond to domestic abuse, and the Government published their response on 17 January 2023. The review finds that the CMS has worked very hard to develop and improve its domestic abuse practices. As Members will know, people who engage with the CMS often have the most complex cases and needs, so it is right that we have taken the chance to learn lessons and ensure that there are practical steps to help separated parents who are experiencing abuse to set up safe maintenance arrangements. As I said in relation to the amendments, this will be available across the United Kingdom. The Government have accepted eight out of 10 of these recommendations.