Tuesday 11th September 2018

(5 years, 6 months ago)

Westminster Hall
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Neil Gray Portrait Neil Gray (Airdrie and Shotts) (SNP)
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It is a pleasure to take part in the debate with you in the Chair, Mr Streeter. I congratulate the hon. Member for South Shields (Mrs Lewell-Buck) on securing this important debate, and on the way she presented her argument. I pay tribute to her for the work that she has being doing on the issue for a number of years. She mentioned a review of funeral affordability, and what she said is right. I will touch on the Scottish Government’s action with reference to that. She also said that, alarmingly, 81% of people are unable to save for a funeral. That is why I hope we shall soon get to a place where funeral plans become more attractive to consumers. She criticised UK Ministers in relation to social fund funeral payments, and other Members made similar calls to the Minister. Perhaps that will form part of his Budget submission in the negotiations that will no doubt take place between the Department for Work and Pensions and the Treasury in the coming months.

The hon. Member for Mitcham and Morden (Siobhain McDonagh) intervened to raise the issue of council-based costs for funerals—burial and cremation fees—and she was right to do so. Without doubt some local authorities, including the one covering my constituency, North Lanarkshire Council, have used burial and cremation fees as a cash cow, to mask cuts in other areas. It is extremely worrying. The hon. Lady was right to pay tribute to the Fair Funerals campaign for exposing some of that behaviour and campaigning for greater transparency from funeral directors. I am sorry that that campaign no longer exists.

John Hayes Portrait Mr Hayes
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Part of the problem, which I did not highlight in my speech as I did not want to go on for too long, is that currently there is a separation between what is known in the industry as the disbursements—the cost of the cremation, burial and so on—and other costs. The current statute refers to necessary funeral costs, and that needs to be revisited. A minor amendment, through secondary legislation, would enable us to make it much clearer what the funeral grant pays for. Simplification is required.

Neil Gray Portrait Neil Gray
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I appreciate that intervention. Clarification is also required in the context of the funeral plan market. The criticism and the furore about consumer rights issues in relation to funeral plans has in part been about that very issue—what people should expect the plan to pay for. Many people have redeemed a product but found that they were still liable for burial and cremation fees that were substantially more than anyone would expect to budget for.

The hon. Member for Southend West (Sir David Amess) made a very good speech. I have had the pleasure of working with him on the issue and, as ever, he was constructive and helpful. He was right to draw attention to the fact that the £700 additional expenses have been frozen for so long. I hope that his intervention, and that of the right hon. Member for South Holland and The Deepings (Mr Hayes), will influence the Minister to strengthen negotiations with the Treasury about the upcoming Budget. I do not think that dealing with that would cost an awful lot of money, but it could make a major difference to people’s lives. On that issue, and the regulation of funeral directors, which the hon. Member for Southend West also touched on, we are doing something different in Scotland. I know he is aware of that, and I hope that the Minister’s attention can be drawn to it.

My hon. Friend the Member for North Ayrshire and Arran (Patricia Gibson) made a good speech, having also campaigned on the issue since her election to Parliament in 2015. She is known for being consensual, so it was to be expected that she would draw attention to the rare consensus in the Chamber today—and she was right, as there has been a great degree of consensus. My hon. Friends and Labour colleagues were nodding along sagely to the speeches of the right hon. Member for South Holland and The Deepings and the hon. Member for Southend West. I hope that Ministers will take that consensus into account. My hon. Friend also raised the matter of people’s overwhelming, understandable and natural desire to give their loved ones the best possible send-off, and the reality of the debt that sadly results from that natural desire. She spoke of several areas in which a greater amount of action could be taken—and is being taken, north of the border—to alleviate some of the pressures felt at the sad time of a death in a family.

The right hon. Member for South Holland and The Deepings spoke about some people’s lack of preparedness for death and the understandable reasons for that, which were well documented in his speech. He touched on something I have already spoken about, which could solve that problem: funeral planning. I think that we have the answer there, if we can get the regulation right. I reiterate the call that the right hon. Gentleman and the hon. Member for Strangford (Jim Shannon) made for more dignity in what have been termed “paupers’ funerals” —social or council-run funerals—and that is right. There have been examples of what they mentioned in Scotland, too. Having a dignified funeral for a loved one should not be the preserve only of people who can find thousands of pounds at the drop of a hat. We should all expect that for our loved ones, and for ourselves. We never know what circumstances we shall find ourselves in. It was right to draw attention to that matter, and to the fact that we should honour our loved ones with dignity.

It would not be a Westminster Hall debate if I were not, in summing up, reflecting on a speech by the hon. Member for Strangford. As always, he made a constructive and considered speech. It was disturbing to hear the personal example he gave of a pauper’s funeral in his constituency. There are no two ways about it; we need to do much better for people in that regard.

Having heard the speeches made across the Chamber today, we can be in no doubt that there is a considerable problem. According to a 2018 report on national funeral costs, one in eight people who had to pay for any type of funeral expense had to take on debt to do so. I suspect that in many areas, including Airdrie and Shotts, that figure will be far higher. As has been touched on, many funeral directors go above and beyond to do what they can to help people who are clearly struggling, but we need to do more on a structural basis.

The hon. Member for South Shields called for changes, and she could look north of the border for a Government who are making strides in some of the areas she described. The Scottish Government have set out a 10-point action plan to help tackle funeral poverty. Their funeral costs plan, published in 2017, included launching a new funeral expense assistance benefit by next year, publishing guidance on funeral costs by the end of this year, strengthening consumer protection in relation to funeral plans, delivering a social innovation fund to help tackle disadvantage such as funeral poverty, and giving more options for saving for a funeral, including a funeral bond pilot. That is not the entirety of the Scottish Government’s action on the matter, but it is something that I hope Ministers will reflect on.

Another area is planning. In December 2016 I introduced a ten-minute rule Bill that considered the regulation of funeral plans, and Ministers have now—very helpfully—issued a call for evidence. I welcome that and look forward to hearing the outcome. We can also debate whether it would be best to strengthen the Funeral Planning Authority, or merely to move regulation to the Financial Conduct Authority. There is no doubt that since my Bill the FPA has made welcome changes to many of its practices, and it has done a lot to bring about greater confidence in the industry and strengthened its regulation. I welcome that and congratulate the FPA. My only caution about moving to FCA regulation would be whether we have too big an umbrella trying to cover the problem, and whether the problems with funeral plans would get lost among the myriad issues that the FCA has to consider. That is my only caution—we must ensure that the regulatory model that comes forward is right. We obviously cannot move from a model that has not been working well or encouraged consumer confidence to one that is no better.

In conclusion, this is my first opportunity to congratulate the Minister on his return to office. I have always enjoyed debates with him—some have been constructive and some not so much, but he is always helpful in his response. I hope that today he has heard the agreement among all parties about the need for change and for greater action by his Department and others, and I hope that he will take that message away in the spirit of consensus mentioned by my hon. Friend the Member for North Ayrshire and Arran. The Minister has allies in the SNP to help drive that change, and not just for funeral payment assistance but for the regulation of funeral plans. Let us get it right and allow people to give dignity to their loved ones at times of bereavement.

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Justin Tomlinson Portrait Justin Tomlinson
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I thank my right hon. Friend for that request, in response to which I say, “Fear not. Hang on”; I will be covering it as part of the things that I will address going forward.

We have discussed the three elements of support that are available. First, and predominantly, there are the funeral expense payments for the necessary costs, which can be accessed by those who qualify for benefits such as income support, state pension credit, income-based jobseeker’s allowance, the disability or severe disability element of housing benefit, income-related employment support allowance, the element of working tax credit, universal credit and support for mortgage interest. As I had to read out that list, I absolutely accept the point about what is often the confusion over eligibility; again, I will come on to that.

Secondly, there are the funds available for the additional expenses. However, it has been highlighted that the figure involved has not changed since 2003, so a number of Governments have had to wrestle with that decision. Nevertheless, I understand that that is an issue that has been raised by all those who contributed today. Thirdly, there are the social budget loans. Support is also available to working-age people through the bereaved payment support, a new benefit whereby we increase the initial payment with the potential for that money to be used for funerals, if claimants needed or wished to use it in that way.

As I have said, this issue is cross-departmental, but work is already going on. In June, the Competition and Markets Authority announced its investigation of this industry. I think we all welcome that. The CMA will look at the whole process, including its transparency—or lack of it—and fairness. Actually, I learned through my visits this summer that there is no regulation at all in this area—any one of us could set up as a funeral director tomorrow. I am not sure that that is a great thing.

Neil Gray Portrait Neil Gray
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On that point, the Minister will recognise that in Scotland there are moves afoot to change that situation, and the regulation of funeral directors will ensure that it can no longer be the case; that is my understanding.

Justin Tomlinson Portrait Justin Tomlinson
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I thank the hon. Gentleman for that intervention, and that is on the list of things that I will look at.

We must also focus on the quality and the standards of funerals. I accept the point that my right hon. Friend the Member for South Holland and The Deepings made, when he said that people do not necessarily shop around for funerals. Again, on my visits this summer, I was told that it is often the case that people go to the same funeral director that everyone else in their family has ever used, so that the relationship is built up. In this area, it is not necessarily an empowered consumer shopping around and using their buying power—I 100% get that.

Nevertheless, the CMA investigation is important as it will shape our work going forward. We expect the interim report in November and the final report next May. This investigation will be integral to our work in the future, because it is a comprehensive review of what is happening out there in the market.

Also, the market is responding, which is a good thing. Both Dignity and the Co-operative, two of the biggest players in the market, have started to offer more affordable basic funeral packages; that is a great step. Following the CMA investigation, the onus will be on us as to how we can make such basic packages more of a given and build on them; that is a really important area for us to look at. The Royal London national funeral cost index has also been doing lots of investigations, and I will meet Royal London later in the year.

We have already made some vital improvements.

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Justin Tomlinson Portrait Justin Tomlinson
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I am absolutely committed to doing that and am happy to do so. The Treasury is investigating pre-planned funerals. The matter is not in my area, but we welcome the work and will carefully consider the outcomes. We absolutely need to continue to make the forms simpler—we have done a lot on that but there is more to do—and the whole process quicker.

Neil Gray Portrait Neil Gray
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The benefit is to be devolved to Scotland and rolled out next year. We are looking at eligibility for funeral payments but it is still to be firmed up. Is the Minister considering the eligibility criteria concerning those relatives who have the capacity to pay but with whom the next of kin, who gets the funeral bill, might not have any relationship? That is certainly something that has prevented someone in my constituency from being able to access funeral assistance. It is a complicated matter, but Ministers need to look at it.

Justin Tomlinson Portrait Justin Tomlinson
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Part of the main reason why the issue is so complicated is because it is to do with qualifying relatives’ next of kin, and we are constantly looking at that. I very much hope that the hon. Gentleman will be part of the roundtables as we further consider the matter.

On the children’s funerals front, I join the tributes paid to the hon. Member for Swansea East (Carolyn Harris). I have enjoyed working with her on this and a number of other campaigns. She is a real credit to Parliament, on this and other matters, and I think we all welcome the improvements that have been made. It has been demonstrated that where the Government have been able to look at the matter practically and constructively we have responded, and rightly so. In addition to the ongoing work with the forms and the helpline, and with providing information, we are also supporting the private Member’s Bill on parental bereavement leave and pay for parents.

I understand the concerns raised about public health funerals. I too have heard stories about people not being able to pay their final respects, and about the length of time taken and the confusion during what is an incredibly distressing period. Although that is not a matter for the DWP, it is all part of the same thing, and I am keen, as we get all that information back from the Treasury and the CMA, that we drive forward really important changes.

I thank all the speakers in what has been a really helpful debate. It is also very timely, with the report due soon, and I look forward to working with many Members here on this important subject in the future.