Oral Answers to Questions

Vicky Foxcroft Excerpts

Monday 5th February 2024 Commons Chamber

[Mr Speaker]

I call the shadow Minister.

[Vicky Foxcroft (Lewisham, Deptford) (Lab)]

As my hon. Friend the Member for Newport East (Jessica Morden) has just highlighted, the Department is in chaos and that is having a huge impact on claimants’ lives. As of October, there were 294,000 new personal independence payment claims waiting to be processed, with a further 445,000 claimants awaiting an award review. As of November, 24,339 people were awaiting Access to Work decisions. We are talking about hundreds of thousands of disabled people left in financial limbo, with tens of thousands waiting to start work. What message does the Minister think these huge backlogs send to disabled people, and how does she finally plan to get a grip of them?

[Mims Davies]

I thank the hon. Lady for making the important point about the numbers. I agree that behind each of those is somebody we should be concerned about, and I am absolutely looking at this point. We are continuing to learn from decisions overturned by appeal, and we will continue to make improvements to our decision-making processes to help people to get the correct decision earlier in their claim journey, and to be able to work and have the support where it is needed. Not everybody on PIP is out of work, so we need to be listening to the needs of the people in those queues. I am conscious that every one of them is not a statistic but a person who needs our support.

Pensions (Special Rules for End of Life) Bill

Vicky Foxcroft Excerpts

2nd reading
Friday 2nd February 2024 Commons Chamber

[Vicky Foxcroft (Lewisham, Deptford) (Lab)]

I congratulate the hon. Member for Tewkesbury (Mr Robertson) on bringing the Pensions (Special Rules for End of Life) Bill before the House today for its Second Reading. The Bill seeks to expand the eligibility criteria for receiving terminal illness payments from the Pension Protection Fund and the Financial Assistance Scheme to all those with less than 12 months to live, an increase from the existing six months. That will bring eligibility in line with the Department for Work and Pensions’ own definition of terminal illness for the purposes of social security payments.

The shock and distress caused by a terminal diagnosis for the individual and their loved ones cannot be overstated. Those with a terminal illness should have the dignity of spending the time they have left in comfort; their stress should not be further compounded by financial worries. Therefore, we wholeheartedly agree with the aims of the Bill. It will, of course, only benefit a relatively small number of people: it relates only to those who have a defined benefit pension that is being assessed by the Pension Protection Fund or the Financial Assistance Scheme. However, it is a step in the right direction, and I hope we can build on it to improve things for all those living with a terminal illness, because at the moment, the reality is truly shocking.

I pay tribute to the Marie Curie charity for all the work it has done to highlight the financial struggles of the terminally ill. Research carried out by that charity in 2022 painted a harrowing picture: 90,000 people die in poverty in the UK every year, one in four people who die while of working age are in poverty at the end of their life, and one in six UK adults would be wholly reliant on benefits if they became terminally ill. The cost of living crisis has worsened since those figures were published, so I fear that the situation is more severe now.

As I say, the DWP’s definition of a terminal illness for the purposes of social security rules is now set at

“less than 12 months to live”,

having been increased from six months by the Social Security (Special Rules for End of Life) Act 2022. We supported that legislation as it was the right thing to do, it and should provide some small reassurance to those in the most difficult circumstances. I question why the DWP did not look this issue at the time of the change. While the issues do differ—that legislation related to benefit payments, while this Bill relates to workplace pensions—it is important to have consistency, so that those with a terminal illness have clarity on their entitlements. With that in mind, I hope the Minister can offer some reassurance that the definition of a terminal illness will be consistent across the DWP and its various agencies if this Bill makes it on to the statute book.

The Conservative cost of living crisis continues to hit families hard. This Government’s reckless decisions crushed the economy, sent mortgage rates soaring and sent energy bills through the roof. Receiving a terminal diagnosis is incredibly difficult at any time, but too many people are spending the time they have left in poverty. That cannot be right. The Government must do far more to help these people.

I conclude by once again congratulating the hon. Member for Tewkesbury on his dedication in bringing forward this important Bill. It is a step in the right direction, and we fully support its aims.

Coastal and Rural Communities: Employment

Vicky Foxcroft Excerpts

Thursday 1st February 2024 Westminster Hall

[Vicky Foxcroft (Lewisham, Deptford) (Lab)]

It is a pleasure to serve under your chairship, Dr Huq. I congratulate the hon. Member for Ynys Môn (Virginia Crosbie) on securing this debate. For fear of pronouncing her constituency wrongly, after she spoke to me earlier about it, I will perhaps not try to do so again.

I was interested to hear the hon. Lady outline her concerns about employment in her area and in similar rural and coastal constituencies. She has campaigned for a long time to bring more jobs and investment to the area. She made really good points about the need for more cross-departmental working, which I feel very passionate about. The hon. Member for Waveney (Peter Aldous) rightly outlined where this debate should lie and pointed out the challenges that arise when this issue is not prioritised.

This debate has made it clear that people living in rural and coastal communities face a unique set of challenges. Economic inactivity, which Members are keen to tackle, is highest in those areas. This debate has primarily focused on employment, but that is only one part of the picture. Almost 14 years of Tory austerity, coupled with the pandemic and the cost of living crisis, have left many of these communities broken. Coastal communities face higher levels of deprivation, inward migration of older people and outward migration of young people, as highlighted by the hon. Member for Ynys Môn—see, I went for a second go. They also have higher levels of physical isolation and poor quality housing, and they often have a seasonal economy.

As shadow Minister for disabled people, I find it particularly noteworthy that economic inactivity due to long-term sickness is highest in coastal communities. The shadow Work and Pensions team is keen to investigate that further and work with colleagues in the Health team to tackle it.

Rural communities face issues including poor transport links, a lack of digital infrastructure and challenges around social activities and related isolation. I am sure that I need not remind anyone who represents a rural constituency that the delay to the Government’s plan to roll out gigabit-speed broadband to every home in Britain by 2025 felt like a kick in the teeth to those struggling with their current speeds. People who live in areas that are both rural and coastal are hit by a double whammy of inequality.

Earlier this month, the Government published a statement on their levelling-up missions, which outlined their

“objectives to reduce geographical disparities”.

It is perhaps surprising, then, that none of those 12 missions is targeted specifically at rural or coastal areas. The levelling-up White Paper at least acknowledges the specific problems faced by rural and coastal areas. However, there has so far been little evidence of any meaningful action to reverse the growing disconnect between urban areas and their rural and coastal counterparts.

A future Labour Government will breathe life back into our rural and coastal communities and break down the barriers to opportunity that they face. We will address the challenges, disconnection and disparities that we have heard about today through improved cross-Government working. To thrive, communities need good jobs and affordable homes. More than a quarter of a million people in rural England are on a housing waiting list, yet the Government are on course to miss their targets on new rural affordable homes. Labour will work with local councils to ensure that their voice has traction in delivering what is needed for rural and coastal communities.

I want to finish with some comments from conversations that I had with Keir Cozens, Labour’s candidate in Great Yarmouth, who is leading a campaign to prioritise good-quality, year-round, local jobs in the industries of tomorrow. With it having an unemployment rate of more than 6%, 14 years of an absent MP and Tory Government failure have squandered Great Yarmouth’s potential. With the right investment and a full-time MP in its corner, Great Yarmouth could power Great Britain through the quadrupling of offshore wind, energy bills coming down, thousands of new green industrial jobs and apprenticeships with quality training locally. That is just one of the ways in which Labour will give our coastal communities their future back. With that, I look forward to hearing from the Minister, who I am absolutely certain is an expert on this issue.

Household Support Fund

Vicky Foxcroft Excerpts

Wednesday 31st January 2024 Westminster Hall

[Vicky Foxcroft (Lewisham, Deptford) (Lab)]

It is a pleasure to serve under your chairship, Mr Hosie. I congratulate my right hon. Friend the Member for East Ham (Sir Stephen Timms) on securing the debate, and I thank him for his invaluable work as Chair of the Work and Pensions Committee. This debate is hugely important, as we can see from the number of Members present. I am frequently grateful for the rigour with which the Committee conducts its inquiries and for the superb job that it does of holding the Department to account.

The question that all Members are asking today—I started writing down individual Members, but it was literally all of them—is “Will the household support fund still be there?” That is a question to which I hope the Minister can respond today. As we have heard, since its announcement in September 2021, the household support fund has provided much-needed short-term support to many vulnerable households. However, as we head towards the Chancellor’s spring Budget, its future remains uncertain.

All hon. Members have outlined why the fund is so needed at the moment. The right hon. Member for Newcastle upon Tyne East (Mr Brown) and my hon. Friends the Members for Bolton South East (Yasmin Qureshi) and for York Central (Rachael Maskell) mentioned the financial challenges that local authorities are under and the vital support that the fund provides. My hon. Friend the Member for Salford and Eccles (Rebecca Long Bailey) outlined research on why it is such a vital lifeline.

As shadow Minister for disabled people, it concerns me that the future of the household support fund is in doubt while we are still in the grip of a cost of living crisis. My hon. Friend the Member for Tamworth (Sarah Edwards) spoke for the first time in Westminster Hall—I have to say, I could not tell—and outlined the cost of living pressures her local constituents face: higher energy bills and the extra costs that disabled households face. My hon. Friend the Member for Worsley and Eccles South (Barbara Keeley) highlighted devastating cases of people fleeing domestic abuse and the way in which the household support fund has supported them.

I would like to highlight an issue I have come across in my constituency casework. My office is trying to assist a young person who lives in one borough and attends a school in another. Both boroughs are using the household support fund to pay for free school meal vouchers during the holidays—many Members mentioned this issue—but the home borough bases support on a pupil’s school address, while the other bases it on their home address. This frustrating situation means my constituent is missing out on support that both boroughs are, in theory, happy to provide. It is worth noting that, while local authorities are best placed to spend the money how they see fit, the variation in how one qualifies for support can lead to problems.

This debate has made it clear that the Government must carefully consider the future of the household support fund. Local authorities, such as my own in the London Borough of Lewisham, are being left in limbo as they try to plan for their 2024-2025 budgets, which may lead to interruptions to service provision and job losses. In an ideal world, we would not consider the future of the household support fund in isolation. When the fund was announced, my hon. Friend the Member for Stalybridge and Hyde (Jonathan Reynolds), who at the time was our shadow Work and Pensions Secretary, said:

“Temporary and inadequate sticking plasters are no substitute for a proper social security system that offers security to families in hard times.”

That remains true. However, for now, it is for the Government to say whether or not the fund will continue for next year. Labour’s plan for a new deal for working people, for affordable energy, for safe and dry homes and to get people better jobs and better pay is the long-term plan that we are focused on delivering, but today we need to hear the Government’s plans. As my hon. Friend the Member for Wansbeck (Ian Lavery) said, the people who rely on this fund are desperate. They are pleading—begging—for food and we must give certainty on the future of the fund.

Musculoskeletal Conditions and Employment

Vicky Foxcroft Excerpts

Wednesday 10th January 2024 Westminster Hall

[Vicky Foxcroft (Lewisham, Deptford) (Lab)]

It is a pleasure, Dame Caroline, to serve under your chairship, and I am grateful for the opportunity to respond to this debate on behalf of the shadow work and pensions team.

I congratulate my hon. Friend the Member for Wirral West (Margaret Greenwood) on securing this debate. She is absolutely right to say that the Government must have a cross-departmental strategy to address this issue, and must ensure that the Health and Safety Executive is properly funded to ensure that all of us are safe in the workplace. They do that alongside trade unions. Many important points have been made in the debate and I hope that the Minister will respond to them in detail.

I apologise to my right hon. Friend the Member for Hayes and Harlington (John McDonnell), because I must make a little criticism of the Government and nudge them at this point. The Minister will already be aware of my thoughts about the Prime Minister’s decision to downgrade her role as the Minister for Disabled People, Health and Work. I assure her that I will do all I can to get her and her role repromoted to where they should be. It is so important that we do that.

The number of people who are economically inactive because of long-term sickness has risen to over 2.5 million, which is an increase of more than 400,000 since the start of the pandemic, and the figure is now higher than ever. That has a huge impact on our economy, as well as on individuals’ health, wellbeing and ability to support themselves and their families.

The increase in the number of people off work because of long-term sickness since the pandemic is costing the country an extra £15.7 billion a year. Along with mental health conditions, musculoskeletal conditions—or MSK conditions, as I will refer to them, to make sure that I do not pronounce “musculoskeletal” incorrectly—are one of the main reasons for long-term sickness. They affect one in five of the people defined as being economically inactive.

As my right hon. Friend the Member for Hayes and Harlington said so eloquently and respectfully, we need proper resourcing of the HSE. That is really important in terms of cross-departmental working. Also, the HSE is a very powerful example of employers, trade unions and others working together. He cited the example of baggage handling workers. I was personally involved with such work myself before I was an MP, when I was working for Unite the union. There was a really strong campaign for those workers, and it really made a difference for them.

Over 20 million people in the UK, or almost a third of the population, have an MSK condition. However, with NHS waiting lists at a near-record high, people are waiting months for trauma treatment or orthopaedic treatment. As many people have already said, according to Versus Arthritis, over 1 million people are waiting for such treatment, many of them having to put their life on hold while they wait. In 2021 alone, arthritis and other MSK conditions resulted in the loss of 23.3 million working days.

Last month, I asked the Minister several written questions on what steps her Department is taking to help people with MSK conditions to re-enter the workforce. First, I would like to place on record my concern about the fact that the Department has made no estimate of the number of people awaiting treatment. That prompts the question of whether it really has a grip on the extent of the problem. In her response, the Minister outlined the package of measures set out in the spring Budget and the autumn statement to tackle the leading health-related causes of economic inactivity, including MSK conditions. Those measures include introducing employment advisers into MSK services, developing and scaling up MSK community hubs, and making the best use of digital health technologies, alongside various pilots and commitments to exploring new ways of providing timely support and improving occupational health problems. That is not ambitious. It is simply more pilots, and more exploring what to do, from a Government who have been in power for over 13 years. Furthermore, will the Government be open and transparent, and publish the details of those pilots? I have asked for this information in many written parliamentary questions, and sadly they are not forthcoming.

I would like to touch on two initiatives, the first of which is Access to Work. The Minister already knows some of my thoughts on this, but I will reiterate them. Her predecessor, the hon. Member for Corby (Tom Pursglove), when asked numerous times, continued to assure me that the Department for Work and Pensions has increased the number of staff working to clear the Access to Work backlog, but it does not appear to be going down. In November 2022, the backlog was 25,281, but a year later, it was 24,339. I think we will all agree that there is not much sign of progress.

Secondly, the much-criticised Disability Confident scheme is also in need of urgent reform. Recent analysis by Disability@Work shows that even employers who have achieved level 3—the highest level—are no more likely to employ disabled people than those who have not signed up to the scheme. It also shows that disabled people working for Disability Confident employers do not report better experiences than those working for employers who are not members of the scheme. The Minister’s predecessor admitted to the Work and Pensions Committee in the summer that it was time for a root-and-branch review of Disability Confident, so I am interested to know what progress has been made. I also want to add my voice to calls for an update on when the major conditions strategy will be published.

I end as others have, by paying tribute to the organisations that support people with MSK conditions—many are here today and without them many people would be struggling even more than they already are. I reiterate what my right hon. Friend the Member for Hayes and Harlington said. Government must engage with those affected by these conditions. After all, these people are the experts by experience.

--- Later in debate ---

[Mims Davies]

I thank the hon. Lady for reiterating that point for her constituents. These hubs in the community will deliver both that physical activity and those interventions. I understand her point, and I know that support for pools has come to councils from the Department for Digital, Culture, Media and Sport. What the hon. Member has said is very specific, and I will take that away in the cross-Government work that I am doing. I think, as well, that it is a lesson for many of our local authorities to think very carefully about the decisions they make and how they affect the whole community. It is vital that people understand that the wider impact might involve losing more than just swimming lessons—and that is not easy in itself. The hon. Member has rightly put that on the record for her constituents.

Employment advice and NHS talking therapies will be included in our interventions, along with individual placement and support in primary care and increasing work coach time in jobcentres. The hon. Member for Motherwell and Wishaw spoke about making sure that we listen to and engage with people, and do it in the right way, and I wholeheartedly agree with that individual approach.

All these investments are part of a much wider agenda to tackle inactivity due to long-term sickness. We also announced our Back to Work plan in the autumn statement. It includes doubling the number of universal support employment programme places; increasing occupational health take-up in businesses, including SMEs, which is absolutely key; testing new ways of providing individuals receiving a fit note with timely access to their key support; and supporting people with health-related barriers to work through the 15 WorkWell pilot areas that we are working on. WorkWell is accepting applications for funding from local areas across England, with pilot areas due to be announced in April and more details in the autumn. I will be working with the Minister for Employment, my hon. Friend the Member for Bury St Edmunds (Jo Churchill) on this matter.

[Vicky Foxcroft]

I thank the Minister for giving way. She has pointed to a number of Government pilots and I know there are other pilots. In my contribution, I asked whether the Government would be transparent and publish data on those pilots. Does the Minister want to put on the record whether the Government would be willing to do that?

[Mims Davies]

I thank the hon. Lady for that ask. This is still being worked out. I am conscious that one of my predecessors in DWP warned about having “more pilots than easyJet” and about making sure that they work and are right. Once we have more details, I am sure we will be in a position to share them with her, so I will come back to her on that matter. It is early in my tenure, and I want to get to grips with this. When I am in a position to share, of course I will do so.

We have talked about the impact of poor MSK health on individuals and employers. We know that over 20% of employees and self-employed people have an MSK condition and that it is a leading cause of working days being lost through sickness and absence, accounting for over 23 million lost working days. My hon. Friend the Member for Gedling spelt that out strongly. Tackling these disparities and managing these conditions are absolutely key.

When it comes to women, the older population and certain ethnic groups, understanding the prevalence and the impact of the condition and doing more on prevention are key in terms of managing and supporting people. A predominant symptom is pain, which limits people’s mobility and dexterity. Living with pain is awful, managing it is incredibly stark, and it is very difficult for people to fully participate in society, so we need to make sure that people have a healthier home and working life.

We know that osteoporosis, which causes fragility and leads to fractures, disproportionately affects women. The Government’s women’s health strategy is key to understanding specific actions to improve women’s experiences and outcomes in relation to osteoporosis. I look forward to meeting Dame Lesley Regan, our women’s health ambassador, on this matter as soon as our diaries allow. I know she is very focused on this, and we will raise the profile of those issues. I have been very engaged with her in my work on menopause and employment action, and I will continue to do that.

I have talked about supporting employers and workplaces as key enablers for disabled people with health conditions to remain in work, so let me briefly cover prevention. Adults in employment spend a large proportion of their time in work. How we are engaged with in our jobs and workplaces has a massive impact on our health. Therefore, in 2022, the Government and the Society of Occupational Medicine published the MSK health toolkit for employers and further education institutions, which encourages employers to support adolescents and young adults with MSK conditions. We have also produced the MSK toolkit for employers, which has been developed in partnership with Business in the Community and provides practical information for employers of all sizes to address MSK conditions in the workplace for the working age population. We need to look at the adjustments and support there.

I thank Thriiver in my constituency, which is a brilliant group of people who deliver around £4 million to £5 million of support through the Access to Work scheme. They gave me a stark insight into what they feel should be done, which I fed back to my predecessor. We know that the grant scheme plays a key role in enabling people. The point about literacy and digital skills has been noted. I also note that the Chairman is looking at me, so I will conclude.

There are a few matters that I might write to Members about. I think we have all agreed that poor MSK health has a significant impact. The delays to Access to Work are improving—we have been forensic on that. People need support from employers, from Government, the wider economy and the NHS. We will continue to focus on good jobs to help everybody thrive and have fulfilling lives, with the benefit of health and wellbeing behind them. That is the best route out of poverty.

Oral Answers to Questions

Vicky Foxcroft Excerpts

Monday 18th December 2023 Commons Chamber

[Mr Speaker]

I call the shadow Minister.

[Vicky Foxcroft (Lewisham, Deptford) (Lab)]

It is a pleasure to welcome the new Minister to her post. After a week of no news, I was starting to worry that the Prime Minister was not going to appoint anyone. I think she is aware of the huge Access to Work backlog her predecessor failed to tackle. Over the last year, it has reduced by only 942, with a staggering 24,339 still waiting, so hardly a dent has been made. What will she do to speed this up and ensure that thousands of disabled people are not left waiting months to start work?

[Mims Davies]

I thank the hon. Lady for her welcome to this post, and I hope that I have already spelled out my commitment to delivering in this brief. I think that prioritising the process of Access to Work claims, renewals and job starts within four weeks is key, as is making sure that those with mental health support needs get additional support and that those who are deaf or hard of hearing also get that focus and that reach. I assure the hon. Lady that we have increased the number of staff in this space. On my handover from the previous Minister, I would take issue with the hon. Lady about the focus he had on reforming Access to Work and making sure it was fit for purpose, but I am happy to engage with her further.

[Vicky Foxcroft]

All we see from this Government are delays: delays processing Access to Work applications; delays publishing the disability action plan; and now delays in appointing the new Minister. When her new role was finally announced, it had been downgraded from Minister of State to Parliamentary Under-Secretary of State. What message does she think that sends to disabled people, and will she push to be made Minister of State like her predecessor?

[Mims Davies]

I thank the hon. Lady for lobbying for my elevation and rank in this House. I am delighted to respond by making it clear to the lobby and to those we are talking about and looking after that that makes no material difference to their day-to-day life. There is no difference in my convening power or in the day-to-day work. Our next cross-Government ministerial disability champions meeting is in the new year. Let me be clear: this is not about rank. We are sent to this House to serve people and to engage and listen, and I will do that whatever the title or rank.

Oral Answers to Questions

Vicky Foxcroft Excerpts

Monday 13th November 2023 Commons Chamber

[Mr Speaker]

I call the shadow Minister.

[Vicky Foxcroft (Lewisham, Deptford) (Lab)]

In his conference speech, the Secretary of State said there would be a revolution in employment support for people with health conditions and disabilities. Does this revolution include a backlog of 22,432 people waiting for an Access to Work decision, with an average delay of 48 days? Ministers need to get a grip of support for disabled people, rather than vilifying them. The Government’s lack of real action often prevents disabled people from working. Labour has a plan for delivery, so instead of endless reshuffles, why does the Minister not ask his boss to call a general election now?

British Sign Language

Vicky Foxcroft Excerpts

Tuesday 17th October 2023 Westminster Hall

[Vicky Foxcroft (Lewisham, Deptford) (Lab)]

It is a pleasure to serve under your chairship, Ms McVey. I am grateful for the opportunity to respond on behalf of the shadow Work and Pensions team, and I congratulate the right hon. Member for Norwich North (Chloe Smith) on securing the debate. We were opposite numbers for a time. I remember her enthusiastic support for the British Sign Language Act 2022 when it was progressing through Parliament, and she worked closely with our colleague at the time, Rosie Cooper. On the day the Bill received its Third Reading, I remember the right hon. Member for Norwich North saying:

“Today is a momentous day and I truly hope it will transform the lives of”

deaf-disabled

“people across the country.”

It has therefore been very telling to hear some of her concerns this afternoon. I genuinely hope that the Minister will work with her and others to ensure that the Act delivers what was hoped for on that day. It is interesting to find myself sharing common ground with her for once. I hope that the Minister will respond in detail to the many excellent points that have been raised. I am certainly glad that we have BSL interpretation today; that should happen a lot more across Parliament.

Like others before me, I will take a moment to pay tribute to the countless disabled people, friends, families, advocates, disabled people’s organisations and charities who campaigned for the Act. I had the absolute pleasure of meeting some of them along the way. As we have heard, the BSL Act was a major milestone for disabled-deaf people in the UK, not least because it led to BSL finally being recognised as a language. However, as has been said, progress on implementation of other parts of the Act has been a little disappointing.

The 2022 British Sign Language report recorded shockingly low figures for the amount of BSL communications being produced by Government Departments. That has important implications for co-production—something I am keen for Labour to deliver on if it wins the next general election. That word is thrown around quite frequently, but it is not always fully understood. Co-production means more than just engaging with or consulting the community we are working with, which in this case is the disabled-deaf and disabled communities. Proper co-production involves everyone working together on an equal basis right from the start, and coming to a decision or creating a service that works for all. One of the most basic steps on the path to successful co-production is ensuring that all communications are accessible.

The Minister often assures me that he and his civil servants are consulting or working with disabled people on policy. The 2022 BSL report shows that the Department for Work and Pensions and the Cabinet Office were the only Departments to make public announcements about policy or changes to the law in BSL. What is his response to the Royal National Institute for Deaf People’s observation that the Treasury, for example, produced no BSL publications about the cost of living crisis, leaving BSL users in the dark about what support is available to them? No. 10 is not required to report on its provision of BSL—something that I know the RNID and others would like changed.

As my hon. Friend the Member for Nottingham South (Lilian Greenwood), chair of the all-party parliamentary group on deafness, said, all Government communications must be in BSL, and recognition of the issue alone is not enough. We succeed only if everyone has equal access. That is why we need No. 10 to report on BSL provision; we have to lead from the top. Many hon. Members will remember the “Where is the Interpreter?” campaign, which did an excellent job of highlighting that BSL users were excluded from the daily covid-19 briefings.

The third part of the Act offers the Government an important opportunity to create guidance on reasonable adjustments under the Equality Act 2010 for BSL users. It places a duty on the Secretary of State to issue guidance on the promotion and facilitation of BSL. As hon. Members will know and others have highlighted, the Equality Act obliges public authorities to make reasonable adjustments to remove the barriers that disabled people face in accessing their services. However, there is a lack of precedent on what constitutes a reasonable adjustment for a BSL user in that context. I would appreciate an update from the Minister on that, as I know BSL users are concerned that their adjustments are often seen as too expensive. As many Members have said, including the hon. Members for Strangford (Jim Shannon), and for Central Suffolk and North Ipswich (Dr Poulter), we have to make progress with a BSL GCSE.

I want to touch briefly on the lack of available data on BSL users. I have found that to be a significant issue across the Department for Work and Pensions, not just in relation to the issues that we are discussing. Without meaningful data on the number of people who use BSL, and the barriers that they face, it is incredibly difficult to identify their access needs accurately. At present, Government data includes them in other groups, such as those who are hearing impaired and those with difficulty hearing. That means there is no way to focus specifically on BSL users as a stand-alone group. The Government have committed to reforming and standardising the data that they capture on disability in both the national disability strategy and the draft disability action plan. Will the Minister tell us whether those documents will include BSL users as a stand-alone group? I end by saying that the Act was an important first step, but as this debate has shown, there is still a lot more work to do.

[The Minister for Disabled People, Health and Work (Tom Pursglove)]

It is a pleasure to serve under your chairmanship, Ms McVey. I start by thanking my right hon. Friend the Member for Norwich North (Chloe Smith) for securing this debate; for her ongoing passion and leadership on this issue; and for her determination to deliver this landmark legislation, working with Rosie Cooper. She takes a close interest in the Government’s performance on this issue, and in wider issues affecting the deaf community. She wants us to take further steps to ensure that BSL is used more widely in society, and that more people can communicate through it.

Interestingly, one of the key assurances that my right hon. Friend gave during the passage of the legislation was to the hon. Member for Nottingham South (Lilian Greenwood), Chair of the APPG. She assured her, in Committee, that the Government would be open to scrutiny of the BSL Act, and that the first BSL report would be published on 31 July this year. That has happened, and today’s debate flows from that. I was heartened to hear that BSL will be a subject of interest to my right hon. Friend beyond her time in the House, and is something that she will campaign on passionately. Her advocacy on this issue, and that of Members from across the House—not just those who are here—is something of which Parliament can be proud. All of us, cross party, want to do our best to ensure accessible communication for everybody in society. It is to the Government’s credit that they got behind the Bill, and worked intensively with Rosie Cooper and the coalition, as was touched on, to shape and craft the legislation and ensure that we got it right.

The British Sign Language Act 2022 was the first private Member’s Bill drawn 20th in the ballot to become law in more than 20 years; that was a bit of parliamentary trivia for everybody this afternoon. That is not an insignificant achievement. It speaks to the cross-party support for the Act. Everybody came together from across the House to support that legislation, here as well as in the other place.

Many good, pertinent questions were raised in the debate, and I want to touch on them. As I say, the British Sign Language Act 2022 was warmly welcomed by the deaf community, and particularly by the BSL Act Now! campaign. Its members worked so hard, and in such a determined way, to put the issue firmly on the agenda. Arguably, that passion was reflected at BSL Fest in Guildford at the weekend. I was delighted to hear that my hon. Friend the Member for Guildford (Angela Richardson) was in attendance, was part of the celebrations and part of that important community in her area. We see those celebrations reflected in community initiatives up and down the country, which is heartening. They give ever greater prominence to the issue. All of us parliamentarians, and those of us in government, should place real emphasis on working in partnership with communities, charities and representative bodies to continue to evolve our work on this issue, and make sure that we live up to the ambition out there in our society for BSL.

It is a privilege to report today on the progress that we are making on the BSL Act, and to discuss the findings of the first BSL report, but candidly, there is more to do. The first BSL report is an important baseline to help us understand how the Government communicate vital information to a group of people with specific, distinct communication needs, and to encourage us to go further.

There are a couple of points that I want to touch on early in my remarks. One is the judicial review of BSL interpretation of the covid briefings during the pandemic. The judicial review found that the Government were meeting their obligations under the Equality Act 2010 with regard to BSL interpretation during the covid 19 briefings, and were compliant with the public sector equality duty. The court ruled that our policy of using on-screen British Sign Language interpreters during the pandemic was lawful. The judge ruled that it is not a legal requirement to provide an in-person BSL interpreter. There had been over 175 covid briefings by the date of the judgment, and in only two instances were they found to be unlawful because BSL was not provided on screen. Our priority has always been to reach the largest possible audience with important public information, and we will continue to ensure that BSL interpretation is made available where appropriate.

On No. 10, the BSL Act places a duty on the Secretary of State for Work and Pensions to collate and publish a report on BSL use in the ministerial Departments listed in the schedule to the Act. The intention behind the five-year plans mentioned in the BSL report is to build on the work already being done across the Departments that are placed under that reporting duty. No. 10 and the parliamentary estate are not ministerial Departments, and there is no statutory requirement on them to report on their use of BSL. However, guidance was recently published by the Government Communication Service that covers all of Government. I am assured that it will help communicators across Government to determine what public information should be produced in BSL, so that we meet the obligations set out in the public sector equality duty and the Equality Act 2010. I am very happy to explore that area further.

As for the parliamentary estate, I would be delighted to work cross-party with colleagues on engaging with the House authorities to see what they might be able to do. It is welcome that there is BSL interpretation of our proceedings this afternoon, but we should always strive to go further. I am very willing to engage constructively with others to achieve that.

[Vicky Foxcroft]

I welcome that offer, and will most certainly take the Minister up on it. As shadow Minister for Disabled People, I have struggled with the question of where funding for BSL interpretation should come from, including as regards the Independent Parliamentary Standards Authority. The Minister is absolutely right: we should be leading on this issue. On No. 10 and interpreters at covid briefings, we should always strive to do better, and I do not think we did well enough at the time. We should keep the ambition to continually do better, instead of saying, “We weren’t done by the courts, apart from in two areas.”

[Tom Pursglove]

On the first part of the hon. Lady’s intervention, I am delighted to work with her to try to take that forward. At the start of my remarks, I said consistently that I recognise that we have further to travel, and I am certainly not complacent when it comes to performance across the whole of Government. As has been touched on, some of the performance around my Department—the Department for Work and Pensions —is at the top of the charts, which shows the emphasis that my ministerial colleagues in the Department and I place on this issue. I am trying to lead by example by ensuring that I demonstrate a real commitment and willingness to set a standard that I want Ministers and Departments across the board to follow. It is in that spirit that we move forward with this work.

To delve further into the issue of communications across Government, I could not be clearer that people who use BSL as their native language should be able to access the same information as native English speakers, whether that information is about their rights and responsibilities, their ability to access support or the opportunity to have their say on Government policy development by participating in a consultation. In the last year alone, the Government have ensured that BSL communications have been available for deaf BSL users across diverse subjects: providing timely updates about cost of living payments, sharing important information about the Home Office’s tackling domestic abuse plan and ensuring that BSL users could join in the celebrations for the coronation of our new King.

Individual Departments have focused their BSL communications on areas of greatest importance to deaf BSL users: the Department for Education published its “Special Educational Needs and Disabilities and Alternative Provision Improvement Plan” with BSL interpretation, the Ministry of Justice published advice in BSL for victims of rape and sexual assault, and the Department for Transport included BSL interpretation in its “it’s everyone’s journey” campaign.

I want to provide updates on two specific areas that have been raised in relation to cross-Government work and different parts of Government communicating those messages. The first is around the use of BSL in health services. The Department of Health and Social Care is committed to supporting the use of BSL and has used it in communications, such as to support the Down Syndrome Act 2022 call for evidence. The Department continues to look for further ways to promote the requirements of the BSL Act, including by sharing lessons learned from the production of the DSA call for evidence BSL videos with a view to improving BSL usage, monitoring and reporting across the Department.

Under the Equality Act 2010, health and social care organisations must make reasonable adjustments to ensure that disabled people are not disadvantaged when it comes to interpreters for GP and medical appointments. NHS organisations and publicly funded social care providers must comply with the accessible information standard to meet the communication needs of patients and carers with a disability, an impairment or sensory loss. NHS England has completed the review of the AIS, and the updates are now in the publication approval process.

Following Royal Assent for the British Sign Language Act and the legal recognition of British Sign Language as a language of England, Wales and Scotland, the Government Communication Service will promote and facilitate the use of British Sign Language in communication with the public where appropriate. Colleagues in the Department of Health and Social Care keep those matters under review. Again, I want Departments to set a standard that we then ask our public services, communities and society as a whole to follow.

The other area that I want to provide a brief update on is the BSL GCSE, for which there is huge appetite in this House and beyond. The public consultation on it has now closed. The Government are analysing the results of the consultation and working up the course content, and we will publish that as soon as we can. I recognise that there is a real demand for that BSL qualification, not least because of all the opportunities it will provide. Educating the next generation to have such skills at an early stage will have knock-on benefits: more people in our society will communicate with BSL and then, we hope, go on to have successful careers, promote the language, encourage others to adopt those skills, and participate in our communities and society in that way. I know that we all want to see that, and that is welcome.

The variety of case studies in the first BSL report show pockets of good practice across the Departments named in the schedule to the BSL Act. Around half of policy Departments produced communications in BSL during the reporting period. But we know that we can go further, and produce more and better BSL content. It is important to note that different Departments will communicate with the public, whether in BSL or otherwise, in different ways, because of the fact that they have different responsibilities, different remits, different areas of interest and different communications, related to their specific areas of Government.

The Departments listed in the schedule to the BSL Act range from large operational Departments—like my own, the Department for Work and Pensions, which produces a large number of public communications every year—to much smaller Departments and offices that may not have had occasion to produce many public communications during the reporting period. Not all Departments are the same—one size does not fit all—but we know that there is room to improve and we have committed to doing so. With that in mind, there are four specific commitments that are recognised within the need to improve, which I will describe, because the Secretary of State has been clear about our determination to take greater action to drive forward progress, with four separate commitments to help us make progress.

First, although the BSL Act only requires for a BSL report to be published once every three years, I am pleased to confirm that the Secretary of State has made a commitment to publish a BSL report every year for at least the next five years. Again, that goes to the very point about transparency, and arguably is a tool to aid our conversations within Government around individual departmental performance, allowing us to continue to drive improvement, highlight successes, learn from the case studies in the first BSL report and remain accountable to the deaf community.

Secondly, we are committed to discussing the findings of the report at the next meeting of the ministerial disability champions, who are Ministers appointed by the Prime Minister to provide a personal lead in championing accessibility and opportunity for disabled people within their Departments. We have already done that, and the ministerial disability champions will work with their Departments to increase the use of BSL in their communications. The ministerial disability champions are specifically appointed to lead the inclusion agenda within their Departments, but I want to explore what more we can do to drive greater accountability and ownership of those actions, making sure that this inclusion agenda is right at the forefront of our thinking—and that we are doing these things up front, rather than their happening as an afterthought—when it comes to policy development, legislative change or any other announcements that we might make.

Disability Benefits: Assessments

Vicky Foxcroft Excerpts

Monday 4th September 2023 Westminster Hall

[Vicky Foxcroft (Lewisham, Deptford) (Lab)]

It is a pleasure to serve under your chairship, Sir Gary. I am grateful for the opportunity to respond on behalf of the shadow Work and Pensions team. I thank the hon. Member for Carshalton and Wallington (Elliot Colburn) for opening this afternoon’s debate. He is absolutely right: it is time for reform and change to restore trust in the PIP process. I also pay tribute to the countless disabled people, friends, families, advocates and disabled people’s organisations and charities that signed the petitions that triggered this debate, and which campaign tirelessly to promote disabled people’s rights.

This debate, in conjunction with the three petitions, has made one thing clear: disabled people are suffering as a result of a flawed testing regime that does not focus on the support they need in their daily lives. As the hon. Member for Glasgow East (David Linden) rightly pointed out, there is a disability price tag. Disabled people are already at greater risk of living in poverty than non-disabled people, and as a result of the additional costs associated with disability and ill health, and the barriers disabled people face getting into and staying in work, they are often reliant on benefits for all or part of their income.

Disabled people should have the security of knowing that the state will step in and support them when they need it. Instead, they face difficult, stressful and sometimes humiliating assessments, followed by weeks or months of uncertainty as they await the outcome. For many, that is followed by more stress and uncertainty as they are forced to appeal unfair decisions. Many of the disabled people I have spoken to during my time in this role have told me that they live in fear of the Government reducing or taking away their benefits. As my hon. Friend the Member for Oldham East and Saddleworth (Debbie Abrahams) said, amplified by the hon. Member for North Swindon (Justin Tomlinson), we must do more to protect vulnerable claimants and ensure that they do not lose their support because of their vulnerabilities.

The petitions call for a full review and major reform of the PIP assessment process. The Government had a chance to do that with their health and disability White Paper, which came out earlier this year. It is undoubtedly a huge task, and Ministers have avoided it, focusing instead on scrapping the work capability assessment. Many have welcomed that, but there is growing concern that the PIP assessment will now also determine eligibility for financial support for those not well enough to work. That means that a flawed assessment process is becoming even more high-stakes. The Government also have yet to give a satisfactory answer to what will happen to the half a million people currently in the limited capability for work-related activity group, who do not qualify for PIP.

Many Members spoke about the large number of tribunals that are successful in overturning the original decision. My right hon. Friend the Member for East Ham (Sir Stephen Timms) rightly stressed the need for all assessments to be recorded by default as a way of tracking and learning what has gone wrong and ensuring that mistakes do not happen again. In recent weeks, it has also been reported that, in a bid to reduce the welfare bill, the Treasury may consider cutting or means-testing PIP. Unsurprisingly, that has caused further alarm among disabled people and those who work with and represent them. Citizens Advice also estimates that disabled people in England and Wales are missing out on £24 million a month because of the PIP review backlog. More than 430,000 are currently awaiting their review, and some are facing delays of up to two years. I hope all of us can agree that those delays are unacceptable.

My hon. Friend the Member for Warrington North (Charlotte Nichols) and the hon. Member for Livingston (Hannah Bardell) spoke about fluctuating conditions such as MS, Crohn’s and colitis and how the system needs to recognise those conditions, support these people and treat them with dignity and respect.

If we are to restore trust in the DWP and create a system that is fit for purpose, we must work closely with disabled people. They are the ones who can tell us how it feels to have their ability to carry out tasks scrutinised by an assessor who may have no previous knowledge of their condition. They are the ones who can truly describe the amount of stress involved in taking the DWP to tribunal over an unfair decision. They can tell us what changes, big or small, could make the process easier and less humiliating for claimants. In other words, they are the experts by experience. If nothing else, I hope the Minister will agree with me on the importance of this co-production.

We must ensure that every stage of the social security system is supportive and accessible and that everyone is treated with the dignity and respect they deserve. Many Members have asked many important questions today. I will not repeat them all, but I do hope that the Minister will spend time ensuring he addresses and answers them in full.

--- Later in debate ---

[Tom Pursglove]

There is ongoing work to review the cost of living payments that the Government have made available in the current climate. I anticipate that the results will come forward over the autumn and inform future decisions that we make. We continue to have conversations with the Treasury about the support that we provide. The Secretary of State for Work and Pensions will take his annual uprating decisions over the coming months as well, so we should be able to provide assurance in due course on where we go from here on the uprating or otherwise of benefits, taking into account the circumstances, as appropriate, in a thorough-going fashion.

The shadow Minister, the hon. Member for Lewisham, Deptford (Vicky Foxcroft), touched on means-testing for the personal independence payment, or changes to eligibility for PIP. I can confirm that there are no plans for that. I want to be very clear about that.

I will finish on a point that I made earlier. The UC health top-up will be passported via eligibility for any element of PIP. That reduces the number of assessments that people need to undergo and streamlines the process for claimants entitled to both benefits. I recognise that the work capability assessment is quite a point of difference between our Front Benchers. I was not a Member of this House when it was introduced, but I well remember debates on the work capability assessment in years gone by; we have moved on considerably since. There has been a lot of positive reform and improvement to the work capability assessment, but we think it is right to scrap it; we do not think it is right that people should have to prove that they are unfit for work to access the support that they seek.

[Vicky Foxcroft]

The point that I was making was about things that disabled people have said to me. If they lose one benefit, but maintain another, they still have some kind of safety net. If the assessment is all in one, however—the point being that assessments are flawed at times—they could end up with nothing to survive on. That is the point that disabled people make to me, and that is why I talk about the need for co-production, and working with disabled people to ensure that we get this right.

[Tom Pursglove]

Absolutely; that engagement is ongoing. We must move forward reform of the work capability assessment in a careful and measured way. We think that is the right approach to take, because it truly de-risks work.

I note that the Opposition policy related to the “into work” guarantee, for which the former shadow Secretary of State, the right hon. Member for Leicester South (Jonathan Ashworth)—of whom I am rather fond, by the way—argued passionately. I do not know whether it will be reviewed following the appointment today of his neighbour, the hon. Member for Leicester West (Liz Kendall), whom I welcome to her place as the new shadow Secretary of State, but the reforms that we are advocating for are the result of listening carefully to the responses to the Green Paper reforms.

I am keen to see the Opposition’s workings on the “into work” guarantee, but certainly from what officials have said to me, it seems that they do not think that it will have the effect on outcomes that the Opposition might think. I hope, however, that as we move forward with the reforms, we will see greater collaboration on a united basis. These are the right reforms to support more disabled people into work, following the abolition of the work capability assessment, which, in years gone by, I recognise as was controversial. Strong opinions have been expressed about it.

Oral Answers to Questions

Vicky Foxcroft Excerpts

Monday 4th September 2023 Commons Chamber

[Mr Speaker]

I call the shadow Minister.

[Vicky Foxcroft (Lewisham, Deptford) (Lab)]

In January, it was found that the Access to Work backlog had trebled since February 2020, rising to more than 25,000. In June, the Minister claimed additional resource was being put into Access to Work. Will he inform the House exactly how many additional staff are working to clear the backlog and when he expects it to return to pre-pandemic levels? His Government say that they want to get more people into work, yet disabled people are missing out on jobs because of unacceptable delays at the DWP.

[Tom Pursglove]

For the House’s benefit, let me provide the full-time equivalent staffing levels in the Access to Work team a full six months ago and once the staff at Bradford have moved to Access to Work. The figure stood at 375.22 full-time equivalents in March 2023, and at 462.84 on 4 September 2023. That figure is expected to stand at 530.41 full-time equivalents by the end of October 2023 with the additional staff moving to the Access to Work team in Bradford. I direct the hon. Lady’s attention again to the figure from last week that 88% of claims were paid within 10 days. This is a priority for me as the Minister for Disabled People and for the Department as a whole.