Pensions (Special Rules for End of Life) Bill

Thérèse Coffey Excerpts

Committee stage
Wednesday 24th April 2024 Public Bill Committees

[Mr Robertson]

I am grateful to the hon. Lady for raising that point. My understanding is that it is one medical professional. I cannot give her a specific answer, but I understand that it is the person who is in charge of that case for that particular person. I do not know exactly how senior they are. I understand that it is not subject to second opinions or anything like that.

[Dr Thérèse Coffey (Suffolk Coastal) (Con)]

I thank my hon. Friend for allowing me to intervene at this point. I was responsible as Secretary of State for doing quite a lot of this realignment. In essence, the NHS treats and issues certificates on the basis—which brings in other elements—that the end of life is, in its view, 12 months, so it will be a doctor, nurse or similar who does that. This is a simple alignment with how the NHS defines terminal illness in practice.

[Mr Robertson]

I am grateful to my right hon. Friend for providing more information than I have to hand. As far as I can see, that is the right way to go about this. Twelve months probably gives a little more reassurance to the person making that assessment.

Transitional provisions are guidelines that outline how to transition from the old regulations to the new ones, and saving provisions are designed to protect certain rights, privileges, obligations or legal proceedings that are already in place before the new regulations or orders come into effect. That means that subsections (7) and (8) of clause 2 simply allow for the creation of regulations or orders that include special clauses to manage the change from old to new regulations, protecting against any unintended consequences that might arise during the transition.

To return to the Bill—we are getting there—subsection (9) of clause 2 provides that regulations under subsection (4), relating to the Secretary of State for Work and Pensions and with the territorial extent of England, Wales and Scotland, will be made by statutory instrument. That is a form of legislation, as everybody here is aware, that allows a provision of an Act of Parliament to be subsequently brought into force or altered without Parliament having to pass a new Act. Subsection (10) provides that an order made under subsection (5) of clause 2, relating to the Department for Communities in Northern Ireland and with the territorial extent of Northern Ireland, is exercisable by statutory rule—again, a form of legislation that allows for detailed regulations to be created without the need for a new Act of Parliament.

Finally, as I mentioned, clause 3 is simply the short title of the Act, which, if the Bill is passed, will be the Pensions (Special Rules for End of Life) Act 2024. I do hope that it will be passed in this Parliament and that the extended definition of terminal illness—life expectancy of 12 months—will come into force, providing a little bit of ease to individuals who have received the most devastating news. I thank the Committee for its indulgence.

[Dr Coffey]

It is a pleasure to speak in Committee about the Bill, which I strongly support. As I have already pointed out, some of the realignment involved is intended to ensure some simplicity for people at one of the most difficult times of their lives, so that they do not have to go around getting different aspects of treatment or negotiating. We made that good change a few years ago. There have been various bits of legislation along the way—some welfare and pensions legislation is done through regulations and some through primary legislation, so it can seem cumbersome. But this is the right moment to make sure that this part of the support available to people in their difficult last moments is fully aligned.

I would like to say something to the Minister. I am conscious that getting even regulations through Parliament takes time and more effort from officials. I would like him either to confirm that the regulations have already been drafted in anticipation of Royal Assent, so that they can be laid before Parliament straight away, or to say that he will consider simply changing the element in question. I have been encouraging others leading private Members’ Bills through Parliament to change the commencement dates so that they come into force three months after Royal Assent.

I am conscious that the Pensions Regulator and similar organisations might have to address some issues, but they should know that the Bill has the full support of this House—of both Houses, I anticipate. We should not wait for further legislation to be commenced, given that people at the end of their lives would welcome this matter being put to bed straight away.

[The Chair]

If no other Members wish to contribute, I call the Minister.

Pensions (Special Rules for End of Life) Bill

Thérèse Coffey Excerpts

Report stage
Friday 17th May 2024 Commons Chamber

[Dr Thérèse Coffey (Suffolk Coastal) (Con)]

I beg to move amendment 1, page 1, line 22, leave out from “force” to end of line 23 and insert—

“at the end of the period of four months beginning with the day on which this Act is passed.”

This amendment would bring the provisions of the Bill which extend to England and Wales and Scotland, and section 1(5) which extends to England and Wales and Scotland and Northern Ireland, into force four months after Royal Assent.

[Mr Deputy Speaker (Mr Nigel Evans)]

With this, it will be convenient to discuss the following:

Amendment 4, page 2, line 1, leave out from “force” to end of line 2 and insert—

“at the end of the period of four months beginning with the day on which this Act is passed.”

This amendment would bring the provisions of the Bill which extend only to Northern Ireland into force four months after Royal assent.

Amendment 2, page 2, line 5, leave out subsection (7)

This amendment is consequential on Amendment 1.

Amendment 5, page 2, line 7, leave out subsection (8).

This amendment is consequential on Amendment 4.

Amendment 3, page 2, line 10, leave out subsection (9).

This amendment is consequential on Amendment 1.

Amendment 6, page 2, line 12, leave out subsection (10).

This amendment is consequential on Amendment 4.

[Dr Coffey]

I am grateful to my hon. Friend the Member for Tewkesbury (Mr Robertson) and to the Government and the Department for Work and Pensions. I have tabled these amendments because, as has been seen with other Bills to which we have given Third Reading, they concern the timing of when an Act comes into effect. I am conscious that there are a number of situations where more work needs to be done to get some of the details and guidance, and other elements like that. Regrettably, for a variety of pieces of legislation, waiting for the Secretary of State to create regulations has somewhat delayed the introduction after Royal Assent of the effect of the Act that so many people have worked hard to achieve.

I am not in any way trying to detract from the regulator or from the Department for Work and Pensions, of which I was proud to be the Secretary of State, but I am particularly conscious about the uncertainty of the timing of a general election. Of course there are still procedures that can be done to some extent, but those who have held ministerial office will know some of the challenges that take place in terms of process, procedure, and different Cabinet committees. Put simply—this is why I am grateful to my hon. Friend and to the Government for listening to my concerns—the amendments would remove extra steps of process. That matters because I am keen to see the Bill enacted. I am not seeking in any way to hold it up. I want certainty about making it happen, and I was concerned about the uncertainty of timing. I was careful to check that the amendments would not affect the legislative consent motion that has already passed the Northern Ireland Assembly. If there is any way that they do, I have not been made aware of that—I have been given the opposite assurance.

I am keen to ensure that the United Kingdom moves together. We have two formally separate systems. These are transferred powers—they have always been powers for the Northern Ireland Executive and Assembly to deal with—but I know that the Executive and the Assembly have been keen, particularly in social security matters, for the United Kingdom to proceed in step so that we do not give different treatment to the same things, especially when we all pay the same tax and we all tend to have the same service providers.

After careful consideration, I wanted to ensure that the Bill becomes law in a timely fashion, without the need for further process, and that is why I will be pressing my amendments.

[Mr Laurence Robertson (Tewkesbury) (Con)]

I thank my right hon. Friend the Member for Suffolk Coastal (Dr Coffey) for tabling her amendments and for discussing them with me over the last few days. We have worked to try to ensure that the best outcome is found. She makes the point that when there is a general election coming, albeit that that is an unusual circumstance—one hopes that it will arise only every five years—it throws things into doubt. The last thing we would want is for the Bill to get Royal Assent and then, for some reason—probably the election—not come into force. I understand where she is coming from on that.

I also thank the Minister and the Government for discussing these issues and coming to an agreement to accept the amendments. I am certainly very happy to accept them. There is no need for me to drag proceedings out any further at this point. I thank all concerned for their work.

--- Later in debate ---

[Dr Coffey]

It is a pleasure to support my hon. Friend in this important change. I commend him on the detail in his speech, which he also displayed in the Bill Committee, on which I was happy to serve. The Bill recognises that regulations have moved on. Back in 2022, the Government, with the support of Parliament, made changes to social security benefits to align ourselves with what was happening in the NHS. Plenty of people who get a terminal illness could find that their lifetime may be longer than six or 12 months. The Bill considers particularly where people are diagnosed later, and to accelerate or extend potential benefits.

The national health service considers people to be terminally ill when they estimate that they have around 12 months left to live. That is never an easy message to give, or for people to receive. There seems to be very little medical accuracy in getting the timeline right, but that length of time has been well established in the NHS. That is why this is sensible legislation—to align with how the NHS treats patients, as opposed to the somewhat arbitrary 6 months. The reference to the PPF and the financial assistance scheme available will be welcomed by people right across the country. I am keen to see this legislation pass through the Commons and the Lords at great speed.