Benefit Claimants Sanctions (Required Assessment) Bill

Debate between Mims Davies and Victoria Atkins

2nd reading: House of Commons
Friday 2nd December 2016 Commons Chamber

[Mims Davies]

I absolutely agree about the importance of an integrated approach. Last night, I gave out an award at one of my local colleges for one of the most improved maths and English students. Some people who came to the local college were unable to engage with education, let alone a benefits system. We need to understand that people must feel able to participate in the process.

In some cases, my constituents were aware of what they needed to do, but they somehow failed to gain a sense of ownership or an understanding of the process, which led to complications and, in some cases, very regrettable sanctions. I have been involved with parents and others who are concerned about vulnerable individuals. I found from my surgery work that in some cases the reason for non-attendance—illness, for example— had not been taken into account.

We met some great success with sanctions decisions being reversed when there was an unavoidable reason for failure to comply. Inevitably, however, there were some instances where sanctions were imposed and no good reason existed. My team and I have been able to work alongside the individuals and families in cases where the process has got on top of them—and my biggest concern about the Bill is that it amounts to more process in a difficult and complex area.

In addition to dealing with DWP benefit sanctions, I have worked with a small number of HMRC tax credit suspension inquiries due to investigations regarding the eligibility of single living claims. HMRC has recognised problems and implemented solutions that have helped to sort out the bottlenecks surrounding evidence by claimants. This has reduced the number of delayed decisions locally. I thank HMRC for its work in this respect.

For some constituents who approached me for help with making progress on getting a decision to reinstate their claim, the problem has been the consistency of their evidence. There can be a discrepancy between what people say to their MPs or their work coaches and what they actually do. I am sure that other hon. Members will have had their own experiences. Indeed, we have heard in today’s debate the wealth of knowledge that Members have brought into play.

I congratulate the hon. Member for Paisley and Renfrewshire South once again on her Bill. I am yet to be successful in the private Member’s Bill process, and I am sure that it is an absolute minefield. The hon. Lady therefore deserves our congratulations.

Before I come on to the specifics of the Bill, I believe it is necessary to examine its main principles. Clearly, the Bill is not designed specifically to reverse the conditionality of the system, as the hon. Member for Paisley and Renfrewshire South was at pains to point out. It is going to be quite difficult to ensure that any benefits system is going to work where any condition is likely to arise. We have heard about the importance of assessing and assessing again after sanctions.

To some extent the debate has been about showing our colours—whether we as Members agree or disagree with conditionality in the sanctions. I do believe in it, as long as it sits alongside, as it must, positive transitional work and local support for increasing employment. There is absolutely no point, as we have heard, in having the stick without the carrot. It is all about getting the right balance.

The National Audit Office report on how people have been affected by sanctions and how likely they are to get into work has rightly been acknowledged. The review states:

“The existence of benefit conditionality and a system of sanctions is…supported almost uniformly across the political spectrum in Great Britain.”

It also notes that similar systems can be found throughout the developed world, and Members have mentioned many different countries today. As we have heard, and as I have been at pains to point out, 70% of claimants are more likely to follow the rules if they know that they could be sanctioned—but only if they understand the system.

A system of sanctions is a necessary and well-supported part of our benefits structure. We know that the conditions need to be checked, and that they should be used fairly. I do not think that any Member in any part of the House believes in unfairness, and it should be rooted out.

[Victoria Atkins]

My hon. Friend is making a fine and reasoned speech. Does she agree that Conservative Members acknowledge that any system run by human beings is liable to mistakes? I have experience of that myself, because in the early stages of my previous career I used to prosecute cases for the Department for Work and Pensions, and on several occasions I refused to prosecute because I considered that the Department had taken the wrong view. Does my hon. Friend, like me, find it unhelpful and, indeed, a little hurtful when Opposition Members accuse us of not being compassionate? That is not our reason for disagreeing with the Bill; we believe that the current regime should be reviewed, and the Department is doing that.

[Mims Davies]

I thank my hon. Friend for her considered intervention.

Today we have heard about a “postcode sanctions lottery”, about formalising and consistency, and about efforts to ensure that no one falls into the gap. The people who make the decisions will not always be in possession of the full facts, which is why we need a process to examine the sanctions system. The four principles of the Gregg review offer a useful set of tools for assessment of the strength of the policy, and were endorsed in the Oakley review. The additional pillar described in the Oakley review has also provided a clearer recourse in terms of appeal, and that must be welcomed.

We are talking—and have been all day—not about statistics, but about people, livelihoods, aspirations, children, families, homes and security, and that is absolutely right. I strongly believe that this is a listening Government. My hon. Friend the Member for Faversham and Mid Kent (Helen Whately) said what worried her about the Bill was the risk of duplication and pure bureaucracy in a system that would continue to be tweaked and would continue to evolve. That system will have to change to meet new challenges, and there are people in the middle of the process. I know that, in this area as in many others, the Government are listening and proceeding with reform based on constructive criticism and research, and that they are taking a pragmatic stance. I like to think that the Minister, who is a Hampshire neighbour, is always listening, although I see that he is talking to a colleague at the moment

A new sanctions regime was introduced in 2012 with the important aim of increasing the effectiveness of categorisation. Again, this was about people, not just statistics. The categories were higher, intermediate and lower, depending on whether a transgression had been repeated and on the nature of the fault. I think that that was a good reform. Proportional responses mean a system where one size does not fit all, and we have an opportunity to approach people and their personal circumstances differently.