Scotland Bill

Debate between Wayne David and Kate Green

Tuesday 30th June 2015 Commons Chamber

[Kate Green]

I am pleased to have the opportunity to contribute to this debate. It seems to me that the Secretary of State, when he responds, needs to be very precise about his objection to the amendments that have been tabled in relation to a number of key principles. He will first need to be explicit about whether he believes the proposals to be at odds with, and moving in the opposite direction from, the intention of Smith. I think that a number of the amendments would give better effect to Smith than would the Bill as currently drafted. Therefore, the argument is not about whether we share the same intention, but about whether the legislation is adequate for the task. I hope that he will bear that in mind when responding.

The second thing that some of the amendments that I and my hon. Friends have tabled seek to achieve, as indeed do some of the SNP amendments, is to simplify the legislation. It is a little too complicated and hedged about with who is in and who is out of the provision of certain exceptions, for example in relation to definitions of disability, or too narrow in relation to definitions of carers. I hope that the Secretary of State will be able to explain precisely what his objections are to the amendments that seek to make the legislation easier to give effect to, and plainer in, its intent.

The third thing, which I think is the substance of this debate, is to a degree a sideline debate. It is not specifically about the legislation; it is about our intentions for the welfare state. I think that the Secretary of State should acknowledge that we are talking about a welfare state that enables people. Where benefits enable people’s full social participation—for example, carers’ benefits and benefits that enable disabled people to live decent and independent lives—there is no case for decrying them on the basis that they create a dependency culture, because what they create is a culture of dignity and participation. I hope that he will be able to distinguish between the two.

Having said that, I do not think that there is a wish, certainly on the part of Labour Members, to say that there should not be a conditionality regime. Our party has always accepted that in a conditional system there must be a backstop of sanctions for people who wilfully refuse to comply. Of course, the vast majority do not wilfully refuse to comply; they get caught up in a completely baffling and increasingly unjust system. The hon. and learned Member for North East Hertfordshire (Sir Oliver Heald) has rightly accepted that that system now needs to be reviewed, because it is clearly well beyond what any reasonable conditionality and sanctions regime should look like. However, that is not really the purpose of this legislation or what this debate is about.

I want to make two or three specific points in support of some of the remarks that were made earlier. First, in relation to disability benefits, I think that the way clause 19 has been written will cause considerable confusion and dispute about who falls within the ambit of the benefits that the Scottish Government can create or top up. For example, does the fact that somebody needs to be suffering significant adverse effects and be unable to carry out day-to-day tasks exclude someone who suffers from double incontinence? Arguably, that person should be within the ambit of the legislation, but why do we need to have any doubt? Does “short-term” mean that someone suffering from a fatal illness that is likely to lead to fatality within three or four months will be within the ambit of the legislation? It seems to me that if we stuck to a much plainer description of disability benefits and of who is eligible, we would avoid a lot of unnecessary dispute and heartache, and we might enable the Scottish Parliament to prescribe much more simply that certain conditions or circumstances would automatically give rise to benefit entitlement, as is the case with the UK’s legislation.

[Wayne David (Caerphilly) (Lab)]

On that point, my hon. Friend will know that patients who are terminally ill with less than six months to live are automatically entitled to disability living allowance or personal independence payment. The contrast between that specificity and the vagueness before us today is very stark.