Personal Independence Payments

Neil Gray Excerpts

Wednesday 31st January 2018 Westminster Hall

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

It is a pleasure to sum up for the SNP in this debate with you in the Chair, Mr Hosie.

I congratulate the hon. Member for North West Durham (Laura Pidcock) on securing this debate and on her recent promotion as shadow Minister. She made a typically impassioned speech outlining the experiences of her constituents and the thousands who have got in touch with her before the debate. Those are experiences that many of my constituents have sadly shared. She was right to point out how scunnered disabled people are with the PIP process. I have had constituents across the surgery table whom I have been trying to convince to go through an appeal process, but they have been so fed up and upset at being turned down for PIP that they have told me in tears that they refuse to go through an appeal process, despite clearly being entitled to, and in desperate need of, the support that should be provided. They and many others are effectively denying themselves support that they should be entitled to.

Members have raised a range of concerns about the PIP process, and I will touch on some of their speeches. The former Minister, the hon. Member for North Swindon (Justin Tomlinson), acknowledged that mistakes have been made and that improvements could be made. He is right. One of the biggest mistakes was the UK Government’s attempt to deny people with mental health conditions access to personal independence payments. They were ruled discriminatory for doing that. Perhaps the UK Government should look at making improvements that improve people’s experience and are not discriminatory.

The hon. Members for North Durham (Mr Jones) and for Washington and Sunderland West (Mrs Hodgson) described issues faced by their constituents in applying for PIP. My hon. Friend the Member for Inverness, Nairn, Badenoch and Strathspey (Drew Hendry) rightly raised the additional difficulties being faced by people with terminal illnesses and touched on the briefing from the MND Association.

My hon. Friend the Member for Inverclyde (Ronnie Cowan) made a very good speech based on his constituents’ experiences. He was right to highlight the total disrespect of a couple of the Scottish Tories who came in with prepared interventions and were clearly trying to upset and disrupt the opening speeches. They showed total disrespect to those Members who have prepared speeches and not been called, and total disrespect to the disabled people watching this debate. They turned up to get their names on TheyWorkForYou and up their speaking record, then cleared off halfway through the debate. That is cynical, disrespectful behaviour and I hope they will reflect on it.

In this otherwise informative and impassioned debate there were good speeches from the hon. Members for Great Grimsby (Melanie Onn), for Kingston upon Hull West and Hessle (Emma Hardy), for Reading East (Matt Rodda), for Crewe and Nantwich (Laura Smith) and for Merthyr Tydfil and Rhymney (Gerald Jones). This debate could not be more topical, as we have been hearing about and debating the UK Government’s approach to PIP in the past week. We have had a written statement, two urgent questions and a stream of written questions on the UK Government’s response to the High Court ruling on PIP. The High Court ruled that the UK Government’s PIP regulations were “blatantly discriminatory” against people with mental health impairments. That follows the damning report from the UN Committee on the Rights of Persons with Disabilities, which found “systematic violations” of disability rights.

We welcome the fact that the UK Government are finally going to accept that they got this wrong and will implement the High Court ruling, but this whole shambles prompts a number of questions. It is going to cost £3.7 billion for the Government to review all cases and to rectify the error of excluding people with mental health issues, but how much has it cost the Government to oppose the matter in the courts? How much has it cost people who have applied and been turned down for PIP support, not just financially, but in terms of their health?

Yesterday the Minister was angry that my hon. Friend the Member for Edinburgh North and Leith (Deidre Brock) suggested that some people’s experiences of PIP and other benefits may have led them to consider suicide. The sad story that the hon. Member for Stoke-on-Trent North (Ruth Smeeth) gave in her intervention, and a case that I have shared with a previous Secretary of State, will hopefully allow the Minister to reflect on her comments yesterday. It is absolutely clear that there is an issue in this regard, and I hope she will reflect on that.

[Mr Paul Sweeney (Glasgow North East) (Lab/Co-op)]

I also raised a case yesterday with the Minister of someone who had followed the process correctly, had completed their review forms and had submitted them in the timescales, yet were called to refund all the money they had received thus far. That was the administrative failure of the Minister’s Department. That case is exceptionally bad. We talk about reducing harms for people in society, but it shows that when the DWP fails, the onus is on the individual to suffer the consequences and not on the Department to compensate them and deal with the issue.

[Neil Gray]

The hon. Gentleman was right to raise that case yesterday, which I saw him do, and I hope the Minister will reflect and respond on it.

Yesterday, the Minister suggested that savings will not be made to cover the £3.7 billion cost, but I would appreciate it if she categorically ruled out any further cuts to any other aspect of social security to fund the review, and if she explained how the DWP intends to cover the cost. Does this shambles not expose the urgent need for the UK Government to review the whole PIP application process? We hear time and again, as we did this morning, about the appeal process success rate and about how Ministers have lost court cases on their policy. We have also heard personal testimony about the way in which the application process impacts those who apply and need support.

This is topical because PIP will be devolved to the new Scottish social security agency, as mentioned by my hon. Friend the Member for Glasgow East (David Linden). The Bill to create the agency is currently being debated in Committee in the Scottish Parliament. The Scottish Government are seeking to make a number of changes to the way in which PIP is assessed to make sure that it treats people with dignity and respect. First, the Scottish Government are seeking to make an automatic provision that would allow the agency to gather all the relevant medical or related information at application stage, which would reduce the number of face-to-face assessments, reduce the burden on the applicant and hopefully ensure that the correct decision is taken at the outset, rather than people having to go through the flawed mandatory reconsideration and appeal process, which was raised by the hon. Member for Stretford and Urmston (Kate Green).

Secondly, the Scottish Government will ensure that private contractors are not involved in the assessment process. There are a range of other measures that the Scottish Government will take to ensure that we get the system right for those seeking support. In conclusion, hopefully the Minister will consider the new system in Scotland once it is up and running, and the UK Government will look north and learn some lessons.