Universal Credit and Personal Independence Payment Bill

Considered in Committee
[Relevant documents: Oral evidence taken before the Work and Pensions Committee on 25 June, 7 May and 22 April, on Get Britain Working: Pathways to Work, HC 837; written evidence to the Work and Pensions Committee, on Get Britain Working: Pathways to Work, reported to the House on 25 June, 18 June, 11 June, 4 June, 21 May, 14 May, 7 May and 30 April, HC 837; correspondence between the Work and Pensions Committee and the Secretary of State for Work and Pensions, on the Pathways to Work Green Paper, reported to the House on 11 June and 21 May.]
[Judith Cummins in the Chair]
Judith Cummins Portrait The First Deputy Chairman of Ways and Means (Judith Cummins)
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I remind Members that in Committee they should not address the Chair as Deputy Speaker. Please use our names when addressing the Chair. Madam Chair, Chair and Madam Chairman—or, for Sir Roger, Mr Chairman—are also acceptable.

Clause 1

Standard allowance for tax years 2026-27 to 2029-30

13:40
Siân Berry Portrait Siân Berry (Brighton Pavilion) (Green)
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I beg to move amendment 39, page 1, line 21, leave out subsection (4) and insert—

“(4) The relevant uplift percentage for tax years 2026-27 to 2029-30 is 4.8%.”

This amendment would apply the full standard allowance uplift percentage currently specified in clause 1 of the Bill for 2029-30 to all preceding years 2026-27 to 2028-29 as well.

Judith Cummins Portrait The First Deputy Chairman
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With this it will be convenient to discuss the following:

Government amendment 1.

Amendment 41, page 2, line 29, at end insert—

“(8) This section, so far as it relates to tax years up to and including 2027-28, comes into force on the day on which this Act is passed.

(9) This section, so far as it relates to tax year 2028-29, comes into force on such day as the Secretary of State may by regulations made by statutory instrument appoint.

(10) Regulations under subsection (9) may not be made unless, on a date not before 1 October 2027, a draft of the statutory instrument containing them has been laid before and approved by a resolution of the House of Commons.

(11) This section, so far as it relates to tax year 2029-30, comes into force on such day as the Secretary of State may by regulations made by statutory instrument appoint.

(12) Regulations under subsection (11) may not be made unless, on a date not before 1 October 2028, a draft of the statutory instrument containing them has been laid before and approved by a resolution of the House of Commons.”

This amendment provides for separate decisions by the House of Commons on the continued effect of Clause 1 for the final two tax years affected.

Amendment 50, page 2, line 29, at end insert—

“(8) This section comes into force when the conditions in section [Commencement requirements relating to welfare reform] have been met.”

This amendment makes the commencement of Clause 1 conditional on the requirements relating to welfare reform set out in NC12.

Clause stand part.

Government amendment 2, in clause 2, page 2, line 31, leave out subsection (1) and insert—

“(1) In the table in regulation 36 of the Universal Credit Regulations 2013 (amounts of elements)—

(a) before the row showing the amount for limited capability for work and work-related activity (“the existing row”) insert—

“claimant with limited capability for work and work-related activity, other than a pre-2026 claimant, a severe conditions criteria claimant or a claimant who is terminally ill£217.26”;
(b) in the existing row, for “limited capability for work and work-related activity” substitute “pre-2026 claimant, severe conditions criteria claimant or claimant who is terminally ill”.”
This amendment is a technical change designed to support the operation of the new duty of the Secretary of State (see NC1) to secure that Universal Credit for LCWRA claimants who are existing claimants, meet the severe conditions criteria or are terminally ill increases in line with inflation.
Amendment (a) to Government amendment 2, leave out “£217.26” and insert “£423.27”.
This amendment would continue the level of the Universal Credit health element at £423.27 for all new claimants and not the proposed lower rate.
Amendment (b) to Government amendment 2, leave out “pre-2026” and insert “pre-November 2026”.
This amendment (together with Amendment 2(c) to Amendment 2, Amendments 20 to 30 and Amendments 7(b) and 7(c) to Amendment 7) provides that the universal credit health top-up changes only take effect for claimants after 1 November 2026.
Amendment (c) to Government amendment 2, leave out “pre-2026” and insert “pre-November 2026”.
See explanatory statement for Amendment 2(b) to Amendment 2.
Amendment 12, page 3, line 3, leave out from “Schedule 1” to end of line 6 and insert—
“may not come into force until the conditions in section [Pre-commencement requirements] have been met.
(4) If the conditions in section [Pre-commencement requirements] have been met prior to 6 April 2026, this section and Schedule 1 shall come into force on 6 April 2026 and have effect in relation to assessment periods commencing on or after that date, and for this purpose “assessment period” has the same meaning as in Part 1 of the Welfare Reform Act 2012.
(5) If the conditions in section [Pre-commencement requirements] have not been met prior to 6 April 2026, but are met on a subsequent day, this section and Schedule 1 shall come into force on the first day of the calendar month after that day and have effect in relation to assessment periods commencing on or after that date, and for this purpose “assessment period” has the same meaning as in Part 1 of the Welfare Reform Act 2012.”
This amendment makes the commencement of Clause 2 and Schedule 1 conditional on the pre-commencement requirements set out in NC2.
Amendment 42, page 3, line 3, leave out from “Schedule 1” to end of line 6 and insert—
“may not come into force until the conditions in section [Pre-commencement condition: Human rights analysis] have been met.
(4) If the conditions in section [Pre-commencement condition: Human rights analysis] have been met prior to 6 April 2026, this section and Schedule 1 shall come into force on 6 April 2026 and have effect in relation to assessment periods commencing on or after that date, and for this purpose “assessment period” has the same meaning as in Part 1 of the Welfare Reform Act 2012.
(5) If the conditions in section [Pre-commencement condition: Human rights analysis] have not been met prior to 6 April 2026, but are met on a subsequent day, this section and Schedule 1 shall come into force on the first day of the calendar month after that day and have effect in relation to assessment periods commencing on or after that date, and for this purpose “assessment period” has the same meaning as in Part 1 of the Welfare Reform Act 2012.”
This amendment makes the commencement of Clause 2 and Schedule 1 conditional on the pre-commencement requirements set out in NC10.
Amendment 51, page 3, line 3, leave out from “Schedule 1” to end of line 6 and insert—
“may not come into force until the conditions in section [Commencement requirements relating to welfare reform] have been met.
(4) If the conditions in section [Commencement requirements relating to welfare reform] have been met prior to 6 April 2026, this section and Schedule 1 shall come into force on 6 April 2026 and have effect in relation to assessment periods commencing on or after that date, and for this purpose “assessment period” has the same meaning as in Part 1 of the Welfare Reform Act 2012.
(5) If the conditions in section [Commencement requirements relating to welfare reform] have not been met prior to 6 April 2026, but are met on a subsequent day, this section and Schedule 1 shall come into force on the first day of the calendar month after that day and have effect in relation to assessment periods commencing on or after that date, and for this purpose “assessment period” has the same meaning as in Part 1 of the Welfare Reform Act 2012.”
This amendment makes the commencement of Clause 2 and Schedule 1 conditional on the requirements relating to welfare reform set out in NC12.
Amendment 20, page 3, line 3, leave out “6 April” and insert “1 November”.
See explanatory statement for Amendment 2(b) to Amendment 2.
Clause 2 stand part.
Amendment 52, in clause 3, page 3, line 19, at end insert—
“(3) This section comes into force when the conditions in section [Commencement requirements relating to welfare reform] have been met.”
This amendment makes the commencement of Clause 3 conditional on the requirements relating to welfare reform set out in NC12.
Clause 3 stand part.
Amendment 40, in clause 4, page 3, line 26, leave out subsections (2) and (3).
This amendment removes the freeze of the disability, income-related and work-related activity components of Employment and Support Allowance up to 2029-30.
Government amendment 3.
Amendment 53, page 4, line 20, at end insert—
“(4) This section comes into force when the conditions in section [Commencement requirements relating to welfare reform] have been met.”
This amendment makes the commencement of Clause 4 conditional on the requirements relating to welfare reform set out in NC12.
Clause 4 stand part.
Amendment 37, in clause 5, page 4, line 23, at beginning insert—
“(A1) In regulation 4 of the Social Security (Personal Independence Payment) Regulations 2013, after paragraph (1) insert—
“(1A) Any assessment carried out under paragraph (1) is to be carried out by an employee of the Secretary of State.”
(A2) Subsection (A1) comes into force at the end of the period of one year beginning with the day on which this Act is passed.”
Amendment 45, page 5, line 16, at end insert—
“(1A) In section 77 of the Welfare Reform Act 2012, after subsection (2) insert—
“(2A) A person’s eligibility for personal independence payment may only be determined following a face-to-face meeting between that person and a person acting on behalf of the Secretary of State.
(2B) The Secretary of State may, by regulations, specify any limited circumstances in which a face-to-face meeting is not appropriate.””
This amendment requires eligibility for personal independence payment to be determined on the basis of a face-to-face meeting but with the discretion for the Secretary of State to set out the limited circumstances where that would be inappropriate.
Amendment 46, page 5, line 17, leave out “Subsection (1)” and insert “Subsections (1) and (1A)”.
This amendment and Amendments 47 and 48 make provision for the coming into force of Amendment 45.
Amendment 13, page 5, line 18, at end insert—
“but no day may be appointed until the conditions in section [Pre-commencement requirements] have been met.”
This amendment makes the commencement of Clause 5 conditional on the pre-commencement requirements set out in NC2.
Amendment 43, page 5, line 18, at end insert—
“but no day may be appointed until the conditions in section [Pre-commencement requirements: Human rights analysis] have been met.”
This amendment makes the commencement of Clause 5 conditional on the pre-commencement requirements set out in NC10.
Amendment 54, page 5, line 18, at end insert—
“but no day may be appointed until the conditions in section [Commencement requirements relating to welfare reform] have been met.”
This amendment makes the commencement of Clause 5 conditional on the requirements relating to welfare reform set out in NC12.
Amendment 47, page 5, line 21, leave out “subsection (1)” and insert “subsections (1) and (1A)”.
See explanatory note for Amendment 46.
Amendment 18, page 5, line 26, at end insert—
“(4A) In section 77 of the Welfare Reform Act 2012, after subsection (2) insert—
“(2A) A person is not entitled to personal independence payment unless the person is a British citizen within the meaning in Part 1 of the British Nationality Actusb 1981.”
(4B) Subsection (4A) comes into force at the end of the period of two months beginning with the day on which this Act is passed.”
This amendment would provide that people who are not British citizens would be ineligible for the personal independence payment.
Amendment 48, page 5, line 26, at end insert—
“(4A) The powers under subsections (2) to (4) must be exercised so as to secure full implementation of subsection (1A) in relation to all assessments carried out on or after 6 April 2027.”
See explanatory note for Amendment 46.
Clause 5 stand part.
Amendment 55, in clause 6, page 5, line 31, at end insert—
“(2) This section comes into force when the conditions in section [Commencement requirements relating to welfare reform] have been met.”
This amendment makes the commencement of Clause 6 and Schedule 2 conditional on the requirements relating to welfare reform set out in NC12.
Clause 6 stand part.
Government amendment 5.
Clause 7 stand part.
Government new clause 1—Protected LCWRA amount for tax years 2026-27 to 2029-30.
New clause 2—Pre-commencement conditions
“(1) This Act (other than section 1, section 4(1), this section, section 7 and paragraphs 1 and 3(1) of Schedule 2) may only come into force if the conditions in subsection (2) and (3) are met.
(2) The condition in this subsection is that the following documents have been laid before the House of Commons—
(a) a report by the Secretary of State on the outcome of consultation on the provisions of this Act with—
(i) disabled people,
(ii) their carers, and
(iii) organisations that represent disabled people and their carers,
including a summary of those responses, including proposals relating to implementation;
(b) a report by the Office for Budget Responsibility on its analysis of the effects on employment of the provisions of this Act;
(c) a statement by the Secretary of State on the timetable for changes in the levels of resources for employment support related to the implementation of the provisions of this Act;
(d) an impact assessment by the Secretary of State for the provisions of this Act, including a statement of the expected number of individuals and children who may be at risk of falling into poverty;
(e) a statement of an assessment by the Secretary of State of the impact of the provisions of this Act on health and social care needs, including demand for services;
(f) the final report of the review into Personal Independence Payment assessment the terms of reference of which were published by the Secretary of State on 30 June 2025; and
(g) the final report of the independent review by Sir Charlie Mayfield into the role of employers and government in supporting employment of disabled people and people with long-term health conditions.
(3) The condition in this subsection is that—
(a) a period of 21 days on which the House of Commons has sat has elapsed since the condition in subsection (2) was met, and
(b) during the period specified in paragraph (a), the House of Commons has not come to a resolution that the provisions of the Act (other than section 1, section 4(1), this section, section 7 and paragraphs 1 and 3(1) of Schedule 2) shall not come into force.”
This new clause provides for most provisions of the Act not to come into force until certain documents have been produced and then only unless the House of Commons does not resolve that they should not come into force.
New clause 3—Impact of provisions of the Act on carers
“(1) The Secretary of State must, within six months of the passing of this Act, lay before the House of Commons a report assessing the impact of the provisions of this Act on carers.
(2) A report under subsection (1) must include—
(a) an assessment of the financial, social and administrative impact on carers in general, including unpaid carers and those providing care on an informal or part-time basis;
(b) an assessment of the impact on individuals currently in receipt of Carer’s Allowance, including any changes to their entitlement, income, or eligibility status resulting from this Act;
(c) an assessment of the impact on individuals who, but for the passage of this Act, would have become eligible for Carer’s Allowance;
(d) consideration of the effects on carers’ access to support services, employment, education, and mental and physical health;
(e) an equality impact analysis, with reference to carers with protected characteristics under the Equality Act 2010; and
(f) a statement of any proposed mitigation strategies or policy changes to address identified negative impacts on carers.
(3) The Secretary of State must consult with relevant stakeholders, including carer representative organisations, local authorities, and individuals with lived experience of caring, in preparing the report under subsection (1).”
This new clause requires the preparation of a report on the impact of the provisions of the Bill on carers.
New clause 4—Duty to have due regard to the UN Convention on the Rights of Persons with Disabilities
“In exercising any power under this Act, the Secretary of State must have due regard to the United Nations Convention on the Rights of Persons with Disabilities.”
New clause 5—Review of impact of Act
“(1) The Secretary of State must, within six months of this Act being passed, publish and lay before the House of Commons a report assessing the impact of this Act.
(2) The report must consider any impacts the Act has on—
(a) levels of poverty;
(b) matters relating to seasonal employment;
(c) people with protected characteristics under the Equality Act 2010.
(3) In considering any impacts as set out in subsection (2), the report must take account of any particular effects on coastal communities.”
New clause 6—Duty to notify affected disabled people
“(1) The Secretary of State must, before the end of a period of three months beginning with the day on which this Act is passed, take the steps set out in this section.
(2) The first step is to take all reasonable actions to identify each disabled person who will be affected by any provision of this Act or any decision of the Secretary of State taken under or by virtue of this Act and the most appropriate and accessible means of contacting them.
(3) The second step is to inform each disabled person so identified about—
(a) the specific changes to legislation, policy or entitlements under or by virtue of this Act that affect that person;
(b) the Secretary of State’s assessment of how those changes are likely to affect that person’s eligibility, support or services;
(c) the Secretary of State’s estimate of any financial impact, including any reduction in benefits or support, expressed in pounds sterling per week, month or year, as applicable;
(d) that person’s right to seek advice about or appeal any decisions made under or by virtue of this Act that affect that person and the means by which they may do so.
(4) The information provided under subsection (3) must be communicated in an accessible format appropriate to the individual's needs, including but not limited to large print, Braille, easy read, British Sign Language (BSL) or digital accessible formats, and must be provided in plain English.
(5) In this section, “disabled person” has the same meaning as in section 6 of the Equality Act 2010.”
This new clause requires each disabled person affected by the provisions of the Bill to be informed about how it affects them in an appropriate and accessible manner.
New clause 7—Duty to consult organisations representing disabled people and carers before making regulations—
“(1) Before exercising any power to make regulations under this Act, the relevant authority must take the steps set out in this section.
(2) The first step is to notify such organisations as, in the opinion of the relevant authority, represent the interests of disabled people and carers about the proposed exercise of the power in a manner which is, in the opinion of the relevant authority, accessible.
(3) The second step is to provide the organisations mentioned in subsection (2) with sufficient information and a reasonable opportunity to make representations about the proposed exercise of the power.
(4) The third step is to lay before the House of Commons—
(a) a summary of responses received during consultation with the organisations mentioned in subsection (2);
(b) a statement about the extent to which the proposed exercise of the power has been revised in the light of those responses.
(5) In this section—
(a) “disabled people” shall be construed in accordance with the reference to a disabled person in section 6 of the Equality Act 2010;
(b) “carers” shall be construed in accordance with the reference to a carer in section 10 of the Care Act 2014;
(c) “the relevant authority” means—
(i) the Department for Communities in Northern Ireland, in respect of any power under Schedule 2, and
(ii) the Secretary of State in respect of all other powers.”
This new clause requires organisations representing disabled people and carers to be consulted about the proposed exercise of any regulation-making power under the Bill.
New clause 8—Implementation of Timms review
“(1) Within one month of the publication of the review into Personal Independence Payment assessment the terms of reference of which were published by the Secretary of State on 30 June 2025 (“the review”), the Secretary of State must publish a draft version of primary legislation setting out proposed measures to give effect to the recommendations of the review.
(2) No power to make regulations under Part 4 of the Welfare Reform Act 2012 may be exercised to give effect to any proposal arising from the review in a way which adversely affects the eligibility for personal independence payment of any person.”
New clause 9—Effects of the Act on fraud and error
“(1) No later than twelve months after this Act is passed, the Secretary of State must lay before the House of Commons a report on the effect of the provisions of this Act on levels of fraud and error relating to Universal Credit.
(2) The report must assess—
(a) the estimated monetary value of fraud and error arising as a result of the provisions of this Act;
(b) any implications for future adjustments to Universal Credit rates determined under the provisions of this Act.”
New clause 10—Pre-commencement condition: Human rights analysis
“(1) This Act (other than section 1, section 4(1), this section, section 7 and paragraphs 1 and 3(1) of Schedule 2) may only come into force if the conditions in subsections (2) to (4) are met.
(2) The condition in this subsection is that, within six months of the passing of this Act, a Human Rights memorandum is laid before the House of Commons which sets out a human rights analysis of this Act.
(3) The condition in this subsection is that the memorandum produced under subsection (2) must include an analysis of—
(a) the compatibility of this Act with the Human Rights Act 1998, including Articles 3, 8 and 14 (prohibition of inhuman treatment, respect for private life, and protection against discrimination),
(b) an assessment of this Act against United Nations Convention on the Rights of Persons with Disabilities Articles 19, 28, and 4 (independent living, adequate standard of living, and obligation to consult disabled people),
(c) an assessment of this Act against International Covenant on Economic, Social and Cultural Rights Articles 9 and 11 (Right to Social Security and Right to an Adequate Standard of Living),
(d) any steps taken to mitigate disproportionate impacts on persons with protected characteristics under the Equality Act 2010.
(4) The condition in this subsection is that—
(a) a period of 21 days on which the Commons has sat has elapsed since the condition in subsection (2) was met, and
(b) during the period specified in paragraph (a), the House of Commons has not come to a resolution that the provisions of the Act (other than section 1, section 4(1), this section, section 7 and paragraphs 1 and 3(1) of Schedule 2) shall not come into force.”
This new clause provides for most provisions of the Act not to come into force until a human rights analysis has been produced and then only unless the House of Commons does not resolve that they should not come into force.
New clause 11—Conduct and oversight of the Timms review
“(1) The Secretary of State must ensure that the review into Personal Independence Payment assessment the terms of reference of which were published by the Secretary of State on 30 June 2025 (“the review”) is conducted in accordance with the principles set out in Article 4(3) of the United Nations Convention on the Rights of Persons with Disabilities.
(2) The final report of the review must be laid before the House of Commons within twelve months of the day on which this Act is passed.
(3) No actions may be taken by the Secretary of State as a result of the review which change eligibility for personal independence payment or the assessment process until—
(a) a statement of the proposals has been laid before the House of Commons, and
(b) the House of Commons has come to a resolution approving that statement.
(4) The Secretary of State must establish a Disability Co-Production Taskforce (“the Taskforce”) to provide independent oversight of—
(a) the conduct of the review and the preparation of the final report,
(b) any proposals developed for the purposes of subsection (3)(a).
(5) The Taskforce must—
(a) be provided with support by the Government Equalities Office,
(b) be chaired by an independent person appointed by the Secretary of State,
(c) have a majority of members who are disabled people or representatives of disabled people’s organisations; and
(d) include such other persons or representatives of such organisations as the chair considers relevant to the effects of the review and proposals developed for the purposes of subsection (3)(a) on disabled people.
(6) The Secretary of State must lay before the House of Commons in each calendar year subsequent to that in which the final report of the review is published a report on—
(a) the implementation of any proposals contained in a statement approved under subsection (3)(b); and
(b) the impact of that implementation on disabled people.”
This new clause makes provision for co-production of the Timms review and parliamentary and other oversight of subsequent implementation.
New clause 12—Commencement requirements relating to welfare reform
“(1) This Act (other than this section and section 7) may only come into force if the conditions in subsection (2) to (4) are met.
(2) The condition in this subsection is that Secretary of State has laid before the House of Commons the final report of the review into Personal Independence Payment assessment the terms of reference of which were published by the Secretary of State on 30 June 2025.
(3) The condition in this subsection is that the Secretary of State has subsequently laid before the House of Commons a document containing proposals for the reform of—
(a) the standard allowance, the LCWRA element and the LCW element of Universal Credit;
(b) personal independence payment eligibility and its assessment.
(4) The condition in this subsection is that the proposals laid before the House under subsection (3) include proposals to—
(a) reduce entitlement to personal independence payment and the LCWRA element and the LCW element of Universal Credit for those whose qualification for these benefits is incapacity or disability deriving from less severe mental health conditions; and
(b) limit eligibility for the personal independence payment and the LCRWA element and the LCW element of Universal Credit to British citizens, excluding all foreign nationals unless already entitled under international treaty obligations in force on the day on which this Act was passed.
(5) A document containing proposals meeting the condition in subsection (3) may also contain proposals for other welfare reforms.
(6) In this section—
(a) “the LCWRA element” and “the LCW element” have the same meaning as in section 3;
(b) “the standard allowance” has the same meaning as in section 3.
(c) “British citizen” has the same meaning as in Part 1 of the British Nationality Act 1981.”
This new clause provides for most provisions of the Act not to come into force until reform proposals on Universal Credit and Personal Independence Payment have been laid before the House of Commons.
Amendment 21, in schedule 1, page 6, line 7, leave out “pre-2026” and insert “pre-November 2026”.
See explanatory statement for Amendment 2(b) to Amendment 2.
Amendment 22, page 6, line 13, leave out “pre-2026” and insert “pre-November 2026”.
See explanatory statement for Amendment 2(b) to Amendment 2.
Amendment 23, page 6, line 27, leave out “pre-2026” and insert “pre-November 2026”.
See explanatory statement for Amendment 2(b) to Amendment 2.
Amendment 24, page 6, line 29, leave out “pre-2026” and insert “pre-November 2026”.
See explanatory statement for Amendment 2(b) to Amendment 2.
Amendment 25, page 6, line 31, leave out “6 April” and insert “1 November”.
See explanatory statement for Amendment 2(b) to Amendment 2.
Amendment 38, page 6, leave out lines 33 and 34 and insert—
“(b) has either—
(i) been entitled to an award of universal credit that included the LCWRA element continuously from that time, or
(ii) at any time after that time become entitled again to an award of universal credit that included the LCWRA element as a result of a fluctuating medical condition or the recurrence of a medical condition.”
Amendment 44, page 7, line 15, at end insert “, or
(b) if the circumstances set out in paragraph 3 of Schedule 9 (receiving treatment for cancer) apply to the claimant.”
This amendment ensures that those diagnosed with and receiving treatment for cancer are included within the definition of “severe conditions criteria claimant” and are thereby entitled to the higher rate of LCWRA.
Amendment 32, page 7, line 21, leave out “constantly”.
This amendment, and Amendment 35, amends the severe conditions criteria to provide that the descriptor does not have to apply constantly or at all times; it just has to apply and be related to a life-long condition.
Amendment 17, page 7, line 23, at end insert—
“, or
(ii) applies to the claimant as a result of a fluctuating condition, such as Parkinson’s or multiple sclerosis.”
This amendment would ensure that whether a person has a fluctuating condition such as Parkinson’s or multiple sclerosis is a factor in assessing whether the person qualifies as a severe conditions criteria claimant.
Amendment 33, page 7, line 31, leave out
“in the course of the provision of NHS services”.
This amendment, and Amendment 34, removes the requirement for the diagnosis to be made by a health professional working in the NHS when the diagnosis was made.
Amendment 34, page 7, line 37, leave out
“in the course of the provision of NHS services”.
See explanatory statement for Amendment 33.
Amendment 36, page 7, line 37, at end insert—
“(3A) Any assessment to determine whether a claimant is a severe conditions criteria claimant must be carried out with regard to the United Kingdom’s obligations under the United Nations Convention on the Rights of Persons with Disabilities.”
Amendment 35, page 7, leave out lines 38 to 41.
See explanatory statement for Amendment 32.
Schedule 1.
Government amendment 6.
Amendment 26, in schedule 2, page 11, line 5, leave out “pre-2026” and insert “pre-November 2026”.
See explanatory statement for Amendment 2(b) to Amendment 2.
Amendment 27, page 11, line 11, leave out “pre-2026” and insert “pre-November 2026”.
See explanatory statement for Amendment 2(b) to Amendment 2.
Amendment 28, page 11, line 25, leave out “pre-2026” and insert “pre-November 2026”.
See explanatory statement for Amendment 2(b) to Amendment 2.
Amendment 29, page 11, line 27, leave out “pre-2026” and insert “pre-November 2026”.
See explanatory statement for Amendment 2(b) to Amendment 2.
Amendment 30, page 11, line 29, leave out “6 April” and insert “1 November”.
See explanatory statement for Amendment 2(b) to Amendment 2.
Government amendment 7, in schedule 2, page 12, line 1, leave out sub-paragraph (5) and insert—
“(5) In the table in regulation 38 (amounts of elements)—
(a) before the row showing the amount for limited capability for work and work-related activity (“the existing row”) insert—
“claimant with limited capability for work and work-related activity, other than a pre-2026 claimant, a severe conditions criteria claimant or a claimant who is terminally ill£217.26”;
(b) in the existing row, for “limited capability for work and work-related activity” substitute “pre-2026 claimant, severe conditions criteria claimant or claimant who is terminally ill”.”
This amendment is a technical change designed to support the operation of the new duty of the Department for Communities in Northern Ireland (see amendment 8) to secure that Universal Credit for LCWRA claimants who are existing claimants, meet the severe conditions criteria or are terminally ill increases in line with inflation.
Amendment (a) to Government amendment 7, leave out “£217.26” and insert “£423.27”.
This would mean Amendment 2(a) would apply in Northern Ireland.
Amendment (b) to Government amendment 7, leave out “pre-2026” and insert “pre-November 2026”.
See explanatory statement for Amendment 2(b) to Amendment 2.
Amendment (c) to Government amendment 7, leave out “pre-2026” and insert “pre-November 2026”.
See explanatory statement for Amendment 2(b) to Amendment 2.
Government amendments 8 to 10.
Schedule 2.
Government amendment 11.
Siân Berry Portrait Siân Berry
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When one in five people receiving universal credit and disability benefits has used a food bank in the last month, and when Scope has found that the disability price tag is £1,095 per month, here in Parliament we must do better than this Bill before us today. When the “Pathways to Work” Green Paper has terrified so many of our constituents, and when the basic rate of universal credit cannot cover the basic essentials, here in Parliament we must do better than this Bill before us today. When the ultra-rich are orders of magnitude away from the tough choices disabled people face, and when we have such a deeply unequal society, and a wealth tax would break no manifesto commitments, here in Parliament we must do better than this Bill before us today.

From the Green Paper to where we are now, the Government’s behaviour has been an insult to disabled people, and I think they should be ashamed and should apologise. My constituents who receive benefits, and the people who love and care for them, have been subjected to chaos, confusion and indignity. Instead of making improvements, with careful consideration, to a complex and treacherous benefits system, the Government have rushed to fit the imperatives of the Budget timetable, bypassing evidence gathering and line-by-line scrutiny in a Committee of this House, and further limiting the power of the other place by making this a money Bill.

Yes, a tremendous effort of people power and bravery from Labour Members has won last-minute concessions for current claimants, but the Government should still scrap this unfair and harmful legislation, due to the harm that it will do to people who find themselves in need of support in future. This Bill is not a tough decision; it is the wrong decision. Here in Parliament we must do better than this Bill before us today.

Jim Shannon Portrait Jim Shannon (Strangford) (DUP)
- Hansard - - - Excerpts

I commend the hon. Lady for the proposals that she is bringing forward. This is the crux of the Bill. Does she accept that the reason why people get more money when they qualify for the health element of universal credit is that their illness means more expenditure—a certain diet, the need for a warmer home, and so on? Does she accept that halving it to £217 a month will detrimentally affect the most vulnerable people—the very people she says we should be trying to help?

Siân Berry Portrait Siân Berry
- Hansard - - - Excerpts

I thank the hon. Member for giving those examples of the vital things that additional payments are used for. They are so necessary, and it is so necessary not to cut them.

My amendment 39 affects clause 1, the only at all positive clause in the Bill as it stands. The clause uplifts the rate of increase in the standard allowance of universal credit beyond inflation—by 2.3% in the year starting April 2026, rising to 4.8% for 2029. My amendment simply sets the uplift percentage at 4.8% for the whole period. This sustained rise in the basic rate of universal credit is much needed. Setting out the case for an essentials guarantee, the Trussell Trust and the Joseph Rowntree Foundation state:

“The basic rate of Universal Credit should at least cover the cost of essentials like food, household bills and travel, but it is not currently set according to any objective assessment of what people need.”

Amendment 39 goes some way towards ensuring that, and the joint briefing to MPs from 20 charities, service providers and disabled people’s groups highlights this need in its recommendations.

I realise that the question on many people’s minds is, “How can the country pay for this boost to universal credit and the removal of cuts to the personal independence payment?” The answer lies with the Chancellor and something that my Green colleagues and I have called for many times, especially on this issue, ever since the Secretary of State introduced the Green Paper. On that day, 18 March, I asked

“why impoverishing”

disabled people

“to the tune of £5 billion is a higher priority than a simple wealth tax.”—[Official Report, 18 March 2025; Vol. 764, c. 181.]

The hon. Members for Eltham and Chislehurst (Clive Efford), for Liverpool Riverside (Kim Johnson) and for Liverpool West Derby (Ian Byrne) also spoke up for such a tax on the same day. Many hon. Members have asked the same question in the House, and it is not just MPs making this suggestion. It is not just charities such as Oxfam and the Equality Trust, not just campaigners such as Tax Justice UK and Green New Deal Rising, and not just Patriotic Millionaires UK, which says that its polling shows that 85% of people who have more than £10 million would happily pay 2% of their wealth to support a better society and public services. Two former leaders of the Labour party are also now talking about it as a serious option.

There are, I should say, other ways to tax unearned wealth, as part of a wider package, than the way set out in this simple proposal, which is making unlikely allies of Greens, millionaires and Labour leaders. I think the view of this House is clear: when fairer taxes on assets, which absolutely can work and should work for the nation, are finally put into the Budget, first to go should be the cuts target set out in the Department for Work and Pensions spreadsheet, and the two-child benefit cap. It is through such a tax that we should pay for the improvements needed to the Bill.

Ian Lavery Portrait Ian Lavery (Blyth and Ashington) (Lab)
- Hansard - - - Excerpts

I am a great believer in a wealth tax, rather than taking money from disabled people—simple as, bottom line. What would a wealth tax look like, as far as the Green party is concerned?

Siân Berry Portrait Siân Berry
- Hansard - - - Excerpts

I thank the hon. Member for that question. I refer him to Patriotic Millionaires UK. It has done considerable work on this issue, with its considerable resources, and set out proposals for a 2% wealth tax on people who have more than £10 million in wealth. It polled the general public on that, and found that 75% of them hugely supported the measure, not just as an alternative to cuts to welfare, but as a general principle.

Clause 1 would be made into a genuinely good policy by amendment 39, but that change alone will not make this a Bill that the House should pass. Removing clause 5, as Government amendment 4 proposes, will not be enough, either, to make this a Bill that this House should pass. Clause 2, even once amended by the Government, would cut in half the health element of universal credit for nine in 10 new claimants. I will speak later about the severe conditions criteria and fluctuating conditions. Without amendment 2(a), tabled by the hon. Member for Leeds East (Richard Burgon), clause 2 should be removed from the Bill. Clause 3 would freeze the health elements of universal credit for the rest of this Parliament, so clause 3 should also be removed from the Bill. Subsections (2) and (3) of clause 4 would freeze legacy benefits for disabled people, so they should be removed from the Bill, as my amendment 40 proposes.

A Bill that just consists of a much-improved clause 1 and possibly a much-improved clause 2 would almost be a Bill that this House could, in conscience, pass. We have the choice to craft such a Bill today. As well as those changes, amendments such as amendment 12, tabled by the hon. Member for Torbay (Steve Darling), are needed, and there are some new clauses that would help make the Bill even more fit for purpose.

The vital principle we must stand up for today is that any policy changes relating to disabled people must be led by disabled people. On the day the Green Paper was published, I raised the matter of co-production with the Secretary of State. That word has been much talked about by many others with experience of co-producing policy, and by the Government, thanks to strong campaigners and pressure from MPs.

Robin Swann Portrait Robin Swann (South Antrim) (UUP)
- Hansard - - - Excerpts

I fully agree with the hon. Member on co-production and co-designing any changes that come forward. Does she agree that it is crucial that young people are also included, given the conditions that they can face, and especially given the challenge in moving from children’s disability living allowance to the personal independence payment, which the Minister has still not addressed?

Siân Berry Portrait Siân Berry
- Hansard - - - Excerpts

I thank the hon. Member greatly for that intervention. When I have gathered together young people in my constituency, I have found that the issues that they face are unique, and their voices absolutely must be heard.

The Government have said that they are committed to co-producing the Timms review with disabled people and disabled people’s organisations, but organisations such as Disability Rights UK have told us that those promises are hard to trust. They fear a tick-box exercise, co-production in name only, and that the Government’s original plans will be the inevitable result. That is why I have signed up to new clause 8, tabled by the right hon. Member for Hayes and Harlington (John McDonnell), as well as new clause 11, tabled by the hon. Member for Penistone and Stocksbridge (Dr Tidball).

If clause 2 and its schedule remain, the severe conditions criteria simply cannot stand as written. It appears that the Government either meant to exclude people with fluctuating lifelong conditions such as Parkinson’s or multiple sclerosis from the higher rate of the universal credit health element, or that Ministers completely overlooked that community when rushing all this through. Criteria that withdraw support from people with fluctuating conditions are unacceptable, and that is why I signed amendment 38 tabled by the hon. Member for York Central (Rachael Maskell), and amendment 17 tabled by the hon. Member for Dunfermline and Dollar (Graeme Downie). The severe conditions criteria also say that any diagnosis must be made in the NHS. Again, that is either careless drafting or a deliberate restriction, so I have also signed amendment 33 from the hon. Member for Aberdeen North (Kirsty Blackman).

I am trying to bring to this House the voices of disabled people in Brighton Pavilion and across the nation who are closely watching what we do today. So many of our constituents remain scared by the Bill. Right from the day of the sudden and careless release of the Green Paper, which contained terrifying policy details that were not in the Labour manifesto, they have been forced into a cruel limbo. It is shameful that the Government have chosen this path. This Labour Government are showing themselves far more willing to punish disabled people than ask the most wealthy to shoulder the burden of fair public spending on real social security.

I am so proud of the people power that has been brought to bear on the Bill. Action by disabled people and their allies has forced MPs to listen and take action, and forced the Government to withdraw the most brutal cuts, but still the Bill remains unacceptable without the serious amendments that I have outlined. I look forward to hearing much sense, including what the United Nations has told us, from the many hon. Members in this debate who share my values. My Green colleagues and I are ready to do all in our power to minimise the consequences of the Bill; to make it do good, not harm; and ultimately, if that does not happen, to see it fall. I hope the Government will truly learn from the cruel mess that this has become.

Debbie Abrahams Portrait Debbie Abrahams (Oldham East and Saddleworth) (Lab)
- View Speech - Hansard - - - Excerpts

I will speak to my amendment 2(b) and the amendments associated with it. Before I get to the substance of my remarks, I thank the Bill Committee Clerks for their invaluable advice and amendment-drafting expertise. I thank the dozens of disabled people’s organisations, disability charities, academics and think-tanks who provided evidence to the Work and Pensions Committee’s “Pathways to Work” inquiry. I also acknowledge the Clerks team, and in particular the deputy Clerk, who led that inquiry. The role of Select Committees in improving Government policy is of immense importance and cannot be overestimated.

As I said last week, there is general recognition that the social security system needs reform, but reform should not be equated to cuts to the support for vulnerable people. There are many positive measures in the “Pathways to Work” Green Paper and the “Get Britain Working” White Paper that will have a significant positive impact on people’s lives, and that will help people into work, and to stay in work.

However, there is also evidence of the impact other Departments will have on getting and keeping Britain working. Increasing NHS capacity and the funding allocation to areas of high health need will have a direct and positive impact on health status, participation in the labour market and, ultimately, productivity in those areas. The 2018 “Health for Wealth” report estimated that increasing NHS spending by 10% and targeting that at areas of high health need would reduce economic inactivity by 3% and increase productivity by £13.2 billion a year. However, although we have launched the NHS 10-year plan, which contains many positive measures, the additional targeted NHS capacity will not come on stream until April next year.

13:59
Sir Charlie Mayfield’s review on keeping Britain working will hopefully set out how we can realign our labour market to address the disability employment gap, including by retaining skilled workers who become sick or disabled, but similarly, that will not be published until the autumn. It will take a lot longer than six months to make the cultural changes needed to address the inequalities in employment that many disabled people face.
According to the Joseph Rowntree Foundation, for each Disability Confident role across the country, there are currently 121 people on incapacity benefits such as UC health. More jobs are available in more affluent areas, but in more deprived former industrial areas, it is much worse, with one job for every 333 disabled people.
That is why my amendment (b) to amendment 2 and the associated amendments seek to delay the introduction of changes to UC health from April 2026 to November 2026, which would come at a cost of £141 million in terms of the reduction in savings previously estimated by the Government. The proposed delay would allow for the ramping up of NHS capacity and ensure that funding follows health needs, so that people with newly acquired conditions or impairments can receive early treatment, as well as allowing for a better aligned labour market to enable them to return to work quickly. Without the proposed delay, there is a risk that 45,000 more newly disabled people and their children will be pushed into poverty.
I acknowledge, and thank the Government for, the concessions that have been made over the past couple of weeks, which allowed many of us to support the Bill on Second Reading. To clarify, those concessions include the protection of existing PIP claimants and the removal of the requirement for new PIP claimants to achieve four points at their assessment through Government amendment 4, which deletes clause 5. Instead, from November 2026, new claimants will take part in a new assessment, which will be an outcome of the Timms PIP review that is to be co-produced with disabled people and their organisations.
Jim Shannon Portrait Jim Shannon
- Hansard - - - Excerpts

One issue that I hear about—like other Members, I am sure—is the decisions made on PIP, universal credit and ESA applications. Constituents tell me continually that there is a harshness in how those decisions are made. Does the hon. Lady agree that those applications should be looked at by experts, and that there should be compassion and understanding when the decisions are made? Does she agree that that is the sort of system we need for the people we represent?

Debbie Abrahams Portrait Debbie Abrahams
- Hansard - - - Excerpts

I am grateful to the hon. Gentleman for his intervention. I agree that we need a more compassionate system, but I also believe we need a system that is co-produced by the people who will actually be affected by a new assessment process. Yes, we need a system that is more compassionate, but I think that that will be built in by the people who co-produce the new assessment.

I was a little disappointed that the Government did not take the opportunity to include the co-production of the review in the Bill. I hope the Minister will address that in his remarks, but for that reason I support new clause 11 in the name of my hon. Friend the Member for Penistone and Stocksbridge (Dr Tidball).

In addition, the Government have agreed to protect people on UC health with severe conditions or a terminal diagnosis—both existing and new claimants—and to ensure that their awards will be uprated annually in real terms.

Imran Hussain Portrait Imran Hussain (Bradford East) (Lab)
- Hansard - - - Excerpts

Like my hon. Friend, I welcome some of the last-minute concessions that were made last week. Does she share my concerns, in particular around UC health, that there are still £2 billion in cuts that will impact more than 700,000 people, meaning that they will get £3,000 less? These are some of the most vulnerable people.

Debbie Abrahams Portrait Debbie Abrahams
- Hansard - - - Excerpts

Let us be clear: this will apply to newly acquired conditions in particular. My argument is that by delaying the changes, we can ensure that people with a newly acquired disability or condition can receive treatment and care quickly by making sure that the NHS ramps up its treatment process. I do not think it is ideal, but it is a reasonable compromise, and I hope the Government will listen.

As I said, people with both new and existing severe conditions will be protected. This, I understand, is covered in Government amendment 2 and new clause 1.

There is significant evidence of the harms that disabled people would potentially have experienced if the Bill had remained in its previous form, but the concessions that have been made over the past couple of weeks have addressed that. I applaud the Government for that; it was definitely the right thing to do when the evidence was provided. When our fiscal rigidity is set to cause harm and undermine what we are trying to do in the longer term, it is right that we think again, and Iusb therefore urge the Government to consider my amendments.

There is strong evidence that the Government will make savings in social security spending in the long term through case off-flows. As I have mentioned before, that will be achieved naturally through the additional capacity in the NHS, the realignment of the labour market and, of course, the bringing forward of the employment support.

Graham Stuart Portrait Graham Stuart (Beverley and Holderness) (Con)
- View Speech - Hansard - - - Excerpts

It is a pleasure to take part in this debate.

The Bill is being rushed through by a Labour Government desperate to paper over the cracks in an economy that they themselves have brought to a shuddering halt. So many of the questions that are coming before the House at the moment are the result of that economic flatlining and the flailing of a Government who are casting around desperately to see how they can get themselves off that economic hook.

Put simply, the Bill is unaffordable. The Prime Minister’s latest concessions to his unruly Back Benchers—now happy and victorious—have left the Exchequer with a £5 billion gap to plug, which inevitably means higher taxes for hard-working families who are already feeling the pinch. Far too few of those voices will be heard today. Too often in debates in this House, Members are consumed with the idea that more spending is a better thing that can always be afforded, and therefore no responsible decisions need to be made. That was the decision of the Labour Back Benchers who wrested from those on the Front Bench control of one of the flagships of this Government’s agenda, leaving the Government—massively endowed as they are with Members of Parliament—like some gigantic ship that has lost all power and propulsion, listing at sea, waiting for the next wave to come along.

Graham Stuart Portrait Graham Stuart
- Hansard - - - Excerpts

As we in this Chamber know, the next wave that comes along and buffets this Labour Government from the left comes all too often from the hon. Member for Walthamstow (Ms Creasy), to whom I am happy to give way.

Stella Creasy Portrait Ms Creasy
- Hansard - - - Excerpts

I thank the right hon. Gentleman for giving way. I hope he is not suggesting that the hard-working families who use PIP to be able to get to work are not voices that we should hear in this Chamber.

Graham Stuart Portrait Graham Stuart
- Hansard - - - Excerpts

I absolutely agree with the hon. Lady that we should consider such people. I think of the lady who came to see me on Saturday at my street surgery. She was concerned about the brutality of the PIP process and the way that she and her husband, who has a degenerative, progressive disease for which there is no cure, are put through the wringer to justify their situation, which anyone with any common sense would see deserves support. But the hon. Lady will be aware of the mushrooming in claims from those with various levels of mental health challenges.

Ultimately, we must balance looking after people with degenerative, progressive diseases in a humane and civilised manner with making sure that we have a system that cuts out fraud, and that seeks to minimise those who do not need aid seeking it and getting it. If only we could have a system in which people did not claim for money that they do not deserve and need, we would be able to look after the people whom I think—this is one area of commonality between the hon. Lady and me—both she and I would agree require fairer and more generous treatment.

Iqbal Mohamed Portrait Iqbal Mohamed (Dewsbury and Batley) (Ind)
- Hansard - - - Excerpts

Does the right hon. Member agree that the reduction in investment in the NHS and in mental health service support for the people of our country has led to an epidemic of people who have had to wait for support, sometimes for nearly two years, which worsens their condition and makes it harder for them to recover and go back to their normal daily life at work? That also leads to an increased demand on PIP.

Graham Stuart Portrait Graham Stuart
- Hansard - - - Excerpts

I thank the hon. Gentleman for his contribution. We on the Conservative Benches know that throwing money at a problem without proper safeguards is not leadership, is not generous and is not kind, but is an abrogation of responsibility and economic negligence.

Let me be clear: this Bill in its current form locks in billions of pounds of additional welfare spending year after year. Under the current Chancellor, we have already seen Britain’s debt interest forecast soar and the bond markets become jittery—more than that, they are charging far more than after the mini-Budget to which Labour Members so love to refer. And inflation, of course, has proven stubbornly high. Now we have yet another unfunded spending commitment, with no plan to pay for it except reaching deeper into taxpayers’ pockets. The Chancellor might not say it outright, but families in Beverley and Holderness and across the country know exactly where this ends up—with them paying more.

The Prime Minister can indulge in his favourite hobby of U-turning his way throughout his time in office, but that is not governing in the national interest, which is what he promised to do. It is the latest example of the Prime Minister bending to pressure from the left of his party, which is so well represented on the Government Benches today, desperate as he is to shore up support for a drifting Government who have lost all propulsion.

Instead of fixing the underlying problems in our economy—or fixing the foundations, as has oft been repeated—Labour has chosen the easy political route of higher spending, higher borrowing and, inevitably, higher taxes. Those higher taxes will be imposed not on some mythical class of super-rich people, which the Greens like to propose, but on ordinary men and women who get up in the morning, work hard, look after themselves and recognise personal responsibility as a central tenet of their lives. That also needs to be a central tenet of our political lives.

That is why I have tabled two amendments to the Bill. Amendment 41 would ensure that Parliament retains control over future annual above-inflation increases. It would mean that the House of Commons must explicitly approve continuing those rates beyond 2027-28, protecting against open-ended commitments that we cannot afford. New clause 9 would require the Government to report on fraud and error arising from these provisions.

Vicky Foxcroft Portrait Vicky Foxcroft (Lewisham North) (Lab)
- Hansard - - - Excerpts

Will the right hon. Member give way?

Graham Stuart Portrait Graham Stuart
- Hansard - - - Excerpts

Given the scale of welfare fraud that we have seen in recent years—it already costs the taxpayer more than £8 billion—it is only right that we get a proper handle on where taxpayers’ money is actually going.

None Portrait Hon. Members
- Hansard -

Go on, give way.

Graham Stuart Portrait Graham Stuart
- Hansard - - - Excerpts

I would happily give way if there were Labour Members who had an interest in controlling the public finances rather than running up the national credit card irresponsibly, which is their wont. Those efforts by the Front-Bench team have now come to nought. They have given in to their Back Benchers and they no longer have any control or say on the direction of this Government. Together, these straightforward safeguards to protect the public purse would help reduce waste and misuse.

I have no doubt that the Secretary of State will stand up today and try to paint this as a fair and measured Bill. [Interruption.] Labour Members can shout and scream in frustration, but they will have their time to speak. In reality, this is not a fair and measured Bill. It achieves nothing but a two-tier benefit system, unfunded spending commitments and, ultimately, higher taxes for ordinary working people.

14:15
It is telling that the Secretary of State has not matched these spending increases with robust plans to tackle fraud and error, or tie any uplifts with measures to help people back into work. In short, the Secretary of State has failed to ensure that there are clear performance measures in place to guarantee value for money for the taxpayer. Without that, taxpayers will continue on their slippery slope of simply paying more while getting less.
Neil Coyle Portrait Neil Coyle (Bermondsey and Old Southwark) (Lab)
- Hansard - - - Excerpts

Will the right hon. Member give way on that point about fraud?

Graham Stuart Portrait Graham Stuart
- Hansard - - - Excerpts

If the hon. Gentleman, who is so energetically rising from his place, can tell us how he is committed to ensuring that the public finances of this country are kept in a healthy state, I and the House look forward to it with bated breath.

Neil Coyle Portrait Neil Coyle
- Hansard - - - Excerpts

I am really intrigued, Madam Deputy Speaker, because the right hon. Member suggested that he has a concern about tackling fraud and responsibility in public finances. Can he tell us where he was under the previous Government when fraud in the benefit system hit its highest level ever seen in the history of the UK’s social security system? Where are his references in Hansard? Where was he on Bill Committees and in this House when that fraud was soaring? And where was he when this Government began passing legislation to tackle that horrific level of irresponsible fraud in the benefit system?

Graham Stuart Portrait Graham Stuart
- Hansard - - - Excerpts

The hon. Gentleman will know that, as the benefit system grows, the likelihood is that fraud will grow within it. I applaud all efforts to crack down on fraud. I want to see greater efforts by those on the Front Bench to do that, but he knows that it is those sitting on the Back Benches who are now calling the shots.

Ultimately, all roads lead back to the Treasury. The truth is that the Bill is not the product of serious policymaking—neither in its inception nor its eventual outcome, gutted and filleted as it has been by a triumphant left in the Labour party. Instead, it is the product of panic—a rushed response to economic pressures caused by a feeble Chancellor who has brought the economy to a halt. It has been written not with reform in mind, but with rebellion in the rear-view mirror. The result is a muddled, mean-spirited piece of legislation that satisfies no one, least of all the vulnerable people who will suffer under it, or the British taxpayer who will pay for it.

Carla Lockhart Portrait Carla Lockhart (Upper Bann) (DUP)
- Hansard - - - Excerpts

The right hon. Member is right to bring his speech back to the vulnerable people who will be impacted. He will know the devastating impact of cancer on many families. One in two face the reality of a cancer diagnosis. Young Lives vs Cancer has said that, on average, the disease costs £700 a month and £6,000 in annual income. Does he agree that the Bill, by ensuring that those people do not get the high rate universal credit health element, will be devastating for many cancer patients right across the country?

Graham Stuart Portrait Graham Stuart
- Hansard - - - Excerpts

The hon. Lady is absolutely right to highlight the plight of cancer sufferers and the need to have a system that is more generous to those who genuinely need it, but is also tougher in ensuring that the funding goes to the places where it is most required. Under this Chancellor, as we know, Britain risks a return to the same old Labour habits: spend today, tax tomorrow and leave the mess for someone else to clear up. We saw that under Gordon Brown, and we are seeing it again today. The public deserve better than another Labour tax-and-spend spiral that leaves less money in their pockets and less resilience in our economy.

The Bill in its current form is a short-term fix with long term costs. It fails to tackle fraud, fails to address getting people back into work, despite all the protestations from Ministers that it had anything to do with that, fails to guarantee value for money and fails working families by paving the way for inevitable tax rises. If Labour wants to be taken seriously on economic credibility, it needs to start by showing some discipline on spending and not indulging in a spending spree that Britain simply cannot afford. The Prime Minister promised a serious Government—remember that?—a grown-up Government, yet here we are debating a confused, divisive Bill whose main achievement so far is to split the Prime Minister’s own Benches.

Graham Stuart Portrait Graham Stuart
- Hansard - - - Excerpts

If the hon. Lady wants to tell me that the Bill is not confused or divisive and has not been driven by the ructions on the Back Benches, I look forward to hearing her intervention.

Patricia Ferguson Portrait Patricia Ferguson
- Hansard - - - Excerpts

The right hon. Gentleman will understand that it is for me to decide what my intervention will be. I was going to say that I am very pleased to hear him sticking up for people who really need help. What part of new clause 9 actually makes things better for people who need help?

Graham Stuart Portrait Graham Stuart
- Hansard - - - Excerpts

The hon. Lady should recognise that looking after the public finances, minimising fraud and ensuring that this House keeps control of public expenditure is exactly in the interests of the most vulnerable. Who will pay the highest price as this economic spiral goes downwards? As always under a Labour Government, it will be ordinary working people, the increasing numbers of unemployed people and vulnerable and disabled people—they are always the ones who pay the price for a Labour Government.

When the last Labour Government left power in 2010, youth unemployment was up 45%. That is their record on young people, who are most vulnerable to the negative impacts of unemployment. It is those vulnerable groups who are always let down by a Labour Government—and most of all by a Labour Government that is run not by those with some sense of public finance control but by their Back Benchers who are out of control.

Marie Tidball Portrait Dr Marie Tidball (Penistone and Stocksbridge) (Lab)
- Hansard - - - Excerpts

Does the right hon. Gentleman not agree that it was 14 years of a Conservative Government that led us to a 29% disability employment gap, a 17% pay gap, 4 million disabled people in poverty, and the UN telling the last Government over the first half of their decade that they failed on almost every single commitment in the convention on the rights of persons with disabilities?

Graham Stuart Portrait Graham Stuart
- Hansard - - - Excerpts

I thank the hon. Lady for her intervention, and I respect her a great deal. She will be aware that under the last Conservative Government millions more disabled people came into the employment market. Around 2.5 million—possibly as many as 3 million—more disabled people entered the employment market and had the dignity of work. The Prime Minister and the Chancellor of the Exchequer have no credible plan to get our economy growing. Hard-working families in Beverley and Holderness and right across the country deserve better than another Labour Government chasing short-term headlines at the cost of long-term economic growth and stability.

Rachael Maskell Portrait Rachael Maskell (York Central) (Lab/Co-op)
- View Speech - Hansard - - - Excerpts

Last week’s chaos and climbdown has been overshadowed by events of the last 48 hours. The impact assessment published last night shows that £2 billion is still to be stripped from up to three quarters of a million sick and disabled people by 2029-30 through the slashing of the health element of universal credit in two. By the end of this Parliament, some people will lose around £3,000 a year because of these reforms, including those with fluctuating conditions.

If that was not bad enough, the Office of the United Nations High Commissioner for Human Rights has waded in to protect disabled people where this Labour Government have not. I believe that international laws and conventions must be upheld, but this Government are now under investigation for breaches. No matter what the spin is, passing the Bill tonight will leave such a stain on our great party, which was founded on values of equality and justice. The only way out is to withdraw clauses 2 and 3 so that breaches of the UN convention on the rights of persons with disabilities are not upheld.

The UN’s contention is my contention; sick and disabled people have not been consulted. If someone with a fluctuating physical or mental health condition such as multiple sclerosis, schizophrenia, cystic fibrosis or a recurring musculoskeletal condition had a period of remission and worked but then relapsed and returned to universal credit, unless unequivocally stated otherwise in the Bill, they would return on to the pittance of £50 a week for their health element.

Ayoub Khan Portrait Ayoub Khan (Birmingham Perry Barr) (Ind)
- Hansard - - - Excerpts

My constituency has one of the highest unemployment rates at 17%, and many of my constituents receive the universal credit health element. Does the hon. Member agree that if they were to be stripped of financial support, that may have an enormous impact on their mental health, which would cause a further drain on the NHS?

Rachael Maskell Portrait Rachael Maskell
- Hansard - - - Excerpts

I thank the hon. Member for his intervention. We know that when people’s mental health declines because of stresses and strains, it pushes them further away from the labour market, which is not the objective of “Pathways to Work” or this Government. It would be detrimental to people and our ambition.

That pittance of £50 a week will hit the budgets of individuals who have so little given that we have rising energy and food prices and housing costs. This is the difference between struggling and surviving. All they could expect is poverty to bite harder, stress to spread wider and hope to fade faster. For many with fluctuating conditions, stress exacerbates symptoms. What a way to live.

Calum Miller Portrait Calum Miller (Bicester and Woodstock) (LD)
- Hansard - - - Excerpts

The hon. Member is making a powerful and compassionate speech. I recently knocked on the door of one of my constituents who suffers from fibromyalgia, and it happened to be the day that she received a letter telling her that she was expected to up her working hours by six hours following an assessment. She was broken by this news, and exactly the kind of mental distress that the hon. Member is referring to was evident to me. Does the hon. Member agree that whatever reforms we introduce must put compassion and care for individuals at the heart of the assessment system, so that people, particularly those with fluctuating conditions, do not experience the kind of distress that I witnessed that day from my constituent?

Rachael Maskell Portrait Rachael Maskell
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The hon. Member advocates powerfully for his constituent and all those with fluctuating conditions, who never know how they will fare, perhaps because of the season of the year. Some people may develop more chest infections over the winter while being well for the rest of the year, yet they will be receiving a health element of just £50 a week, not £97 a week.

Stephen Timms Portrait The Minister for Social Security and Disability (Sir Stephen Timms)
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Will my hon. Friend recognise how the Bill protects people in exactly the situation that she describes? Those who receive the universal credit health premium at the moment will be fully protected, and once they go into work they are likely to continue to receive universal credit, so their protection will carry on. If their income exceeds the universal credit level, there will be a further six months when they are earning at a significant level when if they come out of work afterwards they will come straight back on to the position they were in at the start. There are very strong protections for exactly the people she is describing.

Rachael Maskell Portrait Rachael Maskell
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I am grateful for that intervention from the Minister. This is where this gets incredibly technical. There cannot be an assumption that all of those people are on low wages. Many of them have worked all their lives as their condition has developed and are therefore in the later stages of their career, so their salary perhaps does exceed the thresholds. With many of the conditions I have listed and many more, someone could have a period of remission for eight or nine months, or even more, and they would therefore not be able to continue with the six months of support. They will exceed that and would be seen, according to our previous discussions, as a new claimant, and would drop to £50 a week rather than remaining on £97 a week.

My amendment will protect those people. It will also protect people with cancer, who could recover, go back to work and then receive the news that the cancer has returned or metastasised. If they then lose their job, do they go back to £97 a week or £50 a week? Can they eat or not eat? As if life was not hard enough for them, they may then receive that shattering news. My amendment would be a remedy for those people and for the many who need this support.

I worry that without such a guarantee—and with the single assessment, to be co-produced by the Timms review, according to “Pathways to Work”—we do not know either whether the eligibility criteria for qualifying for the UC health element, because of its association with PIP, will be more or less stringent than they are now; the Bill does not say.

14:30
Again, the Bill’s sequencing is wrong: it is the cart before the horse; the vote before the review. This omnishambles of a Bill leaves people with fluctuating conditions not knowing where they stand—or where any of us stand—by the end of today. It is wrong to leave sick and disabled people with such uncertainty. Amendment 38 would make life just a little bit more certain.
But in reality, unless clauses 2 and 3 go, the Bill is withdrawn or the UN High Commissioner for Human Rights exposes the truth, sick and disabled people will be further stressed and, as the charities and deaf and disabled people’s organisations warned last night, there will be tragedy. That is why I cannot support the Government.
So here we are again: no agency, no co-production and no idea how this tragic tale will end. I just ask that it ends tonight on the right side of history, through acceptance of my amendment, at least for those with fluctuating conditions.
Kirsty Blackman Portrait Kirsty Blackman (Aberdeen North) (SNP)
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We are at a really interesting point with this Bill: a year’s worth of politics happened last week, and it feels like there is more to come. Like the Chair of the Work and Pensions Committee, the hon. Member for Oldham East and Saddleworth (Debbie Abrahams), I begin by thanking all the disabled people’s organisations who have worked incredibly hard and assisted us in winning some concessions. No matter where we end up, they should be incredibly proud of the work they have put in, as should the disabled people already receiving PIP and the universal credit limited capability for work element who have continued to fight on behalf of future claimants even though they have no selfish need to do so. That shows the strength of the community and the amount that disabled people care for each other.

It is unfortunate that disabled people need to come together in a group to fight what is supposed to be a Labour Government. Given the change promised by Ministers, that first change should not have been to attack older people by cutting the winter fuel payment. The Government have also refused to take action on child poverty by bringing forward the child poverty strategy, and now they are balancing the Budget by cutting money from disabled people.

This is not the Labour party that I wrote about in my history Highers—I wrote about the rise of the Labour party, what it was founded on, and how the whole point of it was about supporting people and the principles of the left. This is not what I imagined a Labour Government would look like. I had hoped that they would actually deliver for some people—for disabled people and those the Tories spent 14 years marginalising—yet they are choosing to make the easy cuts that affect disabled people. I do not think those are the right cuts to make. I agree entirely with my Green colleague, the hon. Member for Brighton Pavilion (Siân Berry), who suggested that there are much better ways of balancing the Budget. The fiscal rules are self-imposed, anyway.

To look at some of the specific issues with the Bill, I agree with the hon. Member for Brighton Pavilion in relation to the essentials guarantee and amendment 39. Making people poorer will not magically improve their health. I fully agree with new clause 11 on co-production, and I urge the Minister to take action on that.

In Scotland we have created the adult disability payment. If the Minister looks on the Social Security Scotland website, he will see that it says

“social security is a human right...any of us, at any time…may need this support.”

We centred the decision making on dignity, fairness and respect. I am not saying for a second that the adult disability payment is perfect—there are issues with every system—but I urge the Minister to look at how it was co-produced and the lessons we learned from that when he is planning the co-production of the review of PIP assessments.

I am massively concerned that we are not clear about the basis on which the Timms review is being done. What is the point of the review? I understand that it is to review the PIP assessment process—I have got that bit—but what is the Government’s aim? Is it to cut billions of pounds from the PIP bill? Is it to make the assessment process more humane so that people with chronic conditions do not have to fill in the same form over and over again, explaining what it is that they cannot do? Is it to reduce the number of mandatory reconsiderations? Is it to make the system better, centring it on dignity and respect? Some clarity from the Government on that would be incredibly helpful.

Anna Dixon Portrait Anna Dixon (Shipley) (Lab)
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I am sure that the hon. Lady is familiar with the terms of reference for the Timms review, which clearly set out that its purpose is to ensure that PIP assessment is

“fair and fit for the future…and helps support disabled people to achieve better health, higher living standards and greater independence.”

I hope that she will agree that my right hon. Friend the Minister for Social Security and Disability is very well placed to lead the review in co-production with disabled people.

Kirsty Blackman Portrait Kirsty Blackman
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I thank the hon. Member for clarifying that. It would be great if the Minister could clarify from the Dispatch Box that there is no requirement on him or his review to save money. If the hon. Member can give that commitment on behalf of the Minister, that is great, but has the Treasury asked the Minister to reduce the bill? If the terms of reference say, “We do not want money to be saved,” that is grand, but I could not find that in the terms of reference.

I would like to hear from the Minister on whether he has been asked to save money through the review. Disabled people looking at this have already been terrified by the Government’s actions and their “Pathways to Work” Green Paper. I think we should hear from the Minister whether he will be trying to save money or putting dignity, fairness and respect at the heart of the decision-making process and ensuring that co-production happens with that.

I have some questions about the severe conditions criteria. I am concerned because the Bill’s wording is different from what the DWP has been putting out in press releases. Press releases such as the one quoted today in The Guardian have been saying that people with fluctuating conditions will be eligible under the severe conditions criteria. However, the Bill says that a claimant would need to have a condition “constantly”.

The Minister needs to give an explicit commitment from the Dispatch Box. The UK Government have decided not to give the Bill a proper Bill Committee, where we would have asked these questions, hashed this out and got that level of clarification, and people are really scared. As the Minister will know, a significant number of amendments have been tabled on these conditions, from parties across the House. Concerns have been raised, because schedule 1 to the Bill states:

“A descriptor constantly applies to a claimant if that descriptor applies to the claimant at all times or, as the case may be, on all occasions on which the claimant undertakes or attempts to undertake the activity described by that descriptor.”

So if one of the descriptors is about being able to get around or being able to wash yourself, that paragraph says that the descriptor must apply “constantly”. If that is not the case, we need a clear explanation about that from the Minister. I cannot find the need for a condition to apply “constantly” in previous legislation. It seems to me that this is a new addition.

Tom Hayes Portrait Tom Hayes (Bournemouth East) (Lab)
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Last week we heard the Minister say, from the Dispatch Box, that descriptors, activities and associated points will all be subject to the Timms review, which will be co-produced with disabled people. Was the hon. Member listening to that statement, and does she accept that as a fact given at the Dispatch Box?

Kirsty Blackman Portrait Kirsty Blackman
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No! The Timms review is about personal independence payment; I am talking here about are the descriptors relating to limited capability for work—they are totally different things. I do not understand how the Timms review could possibly cover this paragraph, because it is about personal independence payment and the assessment process for that. If it is covered by the Timms review, why have the Government not removed it from the Bill? Why is there not a clause in the Bill right now that removes the severe conditions criteria and that specific paragraph?

Stephen Timms Portrait Sir Stephen Timms
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The form of words in the Bill, including the word “constant”, exactly replicates the way the severe conditions criteria are applied at the moment. The “constant” refers to the applicability of the descriptor. If somebody has a fluctuating condition and perhaps on one day they are comfortably able to walk 50 metres, the question to put to that person by the assessor is, “Can you do so reliably, safely, repeatedly and in a reasonable time?” If the answer to that question is no, the descriptor still applies to them. The question is whether the descriptor applies constantly. If it does, the severe conditions criteria are met.

Kirsty Blackman Portrait Kirsty Blackman
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That clear information from the Dispatch Box is what I was asking for. Hearing that will give people a lot of comfort. As the Minister is aware, a commitment from the Dispatch Box will be looked at when it comes to any sort of legal challenge in relation to the descriptors. If people are not asked if they can or cannot do something reliably on other days, I will expect disabled people’s charities to use the Minister’s comment from the Dispatch Box when they bring mandatory considerations or challenges to say, “The Minister was utterly clear that I have answered the question correctly, in line with the legislation.” I encourage them to do so.

Given the way the legislation is written, I will still not support the severe conditions criteria and the cut. I agree with colleagues who have said that 750,000 people are expecting to lose money as a result of this. As one of my Labour colleagues, the hon. Member for York Central (Rachael Maskell), has said, this is still £2 billion of cuts on disabled people that the Labour party has chosen to make, or that is what it says in the impact assessment. It has chosen to make that cut to 750,000 people, asking itself, “Where can we make £2 billion of cuts? I know, let’s do it to disabled people.” We could have an additional £2 billion in taxes on the very richest people who do not rely on that money for the everyday items that they desperately require.

Sorcha Eastwood Portrait Sorcha Eastwood (Lagan Valley) (Alliance)
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I completely agree with that contention. This is how we judge a society: by how it takes care of the most vulnerable. As the hon. Lady says, and not to discredit anybody, but it appears on the face of it that people have simply decided to say, “This is where we will go”, when in actual fact there are other avenues that can be explored, and people want us to do that before we get into any of this.

Kirsty Blackman Portrait Kirsty Blackman
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The hon. Member has been a real champion for her constituents in this and she is absolutely correct: this is not the first place that I would expect any MP to look to save money, and especially not the first place where I would expect a supposedly progressive Government to look to save money. I am deeply disappointed that we have ended up in this situation and unlike what was said before, I do not think there are victorious faces on the Back Benches. I think people on the Government Benches are absolutely heartsick, no matter what side of this debate they are on. They wish that those on the Government Front Bench had not put this forward and that they were not in the position of having to pick a side, because it should never, ever have come down to a Labour Government choosing to make cuts on older people, children in poverty and disabled people as their first matter of business.

Roger Gale Portrait The Second Deputy Chairman of Ways and Means (Sir Roger Gale)
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Order. The winding-up speeches will have to start at 5.30 pm. There are 37 Members standing on both sides of the House. I am not allowed to impose a time limit, but were I to do so, it would be about four minutes. It is for Members to decide whether to allow their colleagues to speak or to take up more of the time, in which case it is quite clear that not everybody will be called to speak. I call John McDonnell.

14:45
John McDonnell Portrait John McDonnell (Hayes and Harlington) (Ind)
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I will do my best, Sir Roger. I want to address new clause 8, tabled in my name. It is a procedural clause and I do not think it is particularly contentious.

Before I address the new clause, I want to say that I am still getting emails and still being met on the bus and at community events by people who are extremely distressed about this legislation going through. I want to put on record for my constituents that, as always, I will not vote for any legislation that cuts benefits to some of the poorest people I represent. I just cannot do that and I want that underlined.

Ironically, just to give some context, some Members may have listened today to an interview on the “Today” programme with George Osborne, who is now the chair of the British Museum, in which he was talking about the Bayeux tapestry coming to this country. I remember another tapestry, which was brought to this House when he introduced cuts to benefits for disabled people. It showed the names of the people who had committed suicide. Do hon. Members remember that? It was one of the most distressing things I have seen in my political life and I wept that day. I do not want that to happen again. Let us be honest, as sure as night follows day, if cuts go through on the scale proposed, people will lose their lives. People will suffer immense harm. Let us all understand that.

Members talk pompously about “The House at its best”, but last week’s debate was a good day for the House. People on all sides expressed their views, the Government responded, although not as far as I wanted them to respond, and the House held the Government to account. It is not often that we see that, but it happened, and the reason it happened was that we were dealing with primary legislation that hon. Members could debate and amend. I have put this new clause forward because, if the Government do anything, they should do it through primary legislation and not delegated legislation, which goes on in Committee, where there is no chance to amend it and it is often rushed through on a vote with no debate. This matter is so important that that is not the way we should operate as a House.

Last week, hon. Members on all sides of the debate showed how democracy should work in this Chamber. That is why my new clause says that the Government must bring forward primary legislation in draft form so that we can all see it—no bouncers any more—and it is not done as delegated legislation so that Members do not have the chance to amend it or properly discuss it. That is all I ask for, and to be frank, it is not contentious. I would expect the Government just to accept it, because it is the normal democratic process in this Chamber. I want to be able to go back to my constituents when the review comes forward, and say, “I argued your case, I tried to amend it, I won on some and lost on others—that’s democracy.”

I support new clause 11 tabled by the hon. Member for Penistone and Stocksbridge (Dr Tidball). It is truly an excellent setting out of how co-production could work. The only element on which I disagree with her is when the process moves on and we become dependent on the Government making a statement, which we could reject so that they could not move on. The problem with that is exactly the same as with delegated legislation: we cannot amend a statement. I have been here so long that I know what Governments do. They bring forward a statement including some good stuff that we cannot vote against, but there is also some bad stuff that we disagree with. If we cannot amend it at that stage, it is all or nothing, and as a result, we get bad legislation. None the less, the part of new clause 11 that sets out who should be consulted, be involved and elect the chair is critical.

I do not want to sound patronising, but the speech made by the hon. Friend the Member for Penistone and Stocksbridge last week brought tears to my eyes, and it is not often a speech in this House does that. The justified anger that she expressed about what went on under the Tories moved me deeply, and I think it moved the whole House. I do not want a Member standing up in five years’ time equally angry about what we did in this legislation. I want us to be able to hold the Government to account, not aggressively but constructively, in a way that we can debate and amend, and hopefully we might even be able to build consensus. That is what my new clause is all about, and that is all I want to say.

Peter Bedford Portrait Mr Peter Bedford (Mid Leicestershire) (Con)
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I rise primarily to speak to the amendments tabled by my hon. Friend the Member for Faversham and Mid Kent (Helen Whately). However, I would like to begin by addressing the amendments brought forward by the Secretary of State for Work and Pensions. We were first presented with the Universal Credit and Personal Independence Payment Bill in June. Then, after being held over a barrel by her Back Benchers, the Secretary of State returned to the House with something quite different. Then, at the eleventh hour on Second Reading, just last week, amendments 4, 5 and 10 were hastily drawn up. Why? It was to cobble together enough support to get something that resembles welfare reform over the line. Only a Labour Government could pledge to reduce the cost of something and end up doing the exact opposite. The people who will pay the price for this additional welfare spending are our constituents who get up early, work hard and pay their dues.

New clause 12 and the associated amendments are key to fairness in the system, key to protecting the social contract that underpins our society and, most importantly, key to balancing the books to support our economy. There is no way we can continue to have a situation where individuals receive their PIP payments after attending only a virtual session. There is no way we can continue to have a spiralling welfare bill driven by the over-medicalisation of conditions such as OCD and anxiety. And finally, there is no way we can continue to hand out benefits willy-nilly to those who have come to the United Kingdom without any means of supporting themselves. These are not fringe views. They are widely supported by the public, by working men and women across the country who do the right thing and who increasingly ask, “Why are we footing a bill for a system we no longer believe in?” The social contract is fraying, and the blame lies not with the public but with the state in allowing the system to drift and grow to unsustainable levels.

Debbie Abrahams Portrait Debbie Abrahams
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I hope the hon. Member does not mind my intervening on him, but I want to pick up on the point he was making about people that come to this country and take benefits. Is he aware that during the pandemic, for example, people who have leave to remain were unable to avail themselves of any social security support as they do not have recourse to public funds, and that they were left absolutely destitute? I hope he will withdraw his remark, because it is just not true.

Peter Bedford Portrait Mr Bedford
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I have a lot of respect for the hon. Lady, but I am not going to withdraw the comment I made, because there are people in that situation—

None Portrait Hon. Members
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No, there are not!

Peter Bedford Portrait Mr Bedford
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The social contract is fraying, as I said. When my constituent Nick, who works hard for the money he earns and pays into system, walks through his town centre, he asks himself, “What is the point? Why am I working harder than ever when the system rewards those that often don’t?” These amendments matter. They are not unfair; they are principled. They would ensure that the welfare system remained strong for those who truly need it, and fair for those who fund it. The hard-working British public expect us to act, and unfortunately, if the Government do not support our amendments today, they will be letting the public down.

Marie Tidball Portrait Dr Tidball
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I rise to speak to new clause 11 and Government amendment 4. This Bill has been transformed since Second Reading. I welcome the Government’s significant changes and hard work. I said that I could not support the measures that remained on the face of the Bill last week that would have pushed 150,000 people into poverty. Nor could I accept proposals for a points system which, under previously proposed descriptors, would exclude eligibility for those who cannot put on their underwear, prosthetic limbs or shoes without support. Towards the end of the Second Reading debate, the Government promised to remove clause 5 on personal independence payments, including the eligibility criteria. I wholeheartedly support Government amendment 4, which achieves that.

I am pleased to hear that the new impact assessment by the Department for Work and Pensions has found that the Bill will now lift 50,000 people out of relative poverty by 2030. This matters, to fulfil the Government’s obligations under the Equality Act 2010 and to meet our commitments to the UN convention on the rights of persons with disabilities. In 2016, under the Conservative Government, when the UN produced its inquiry report on the UK’s treatment of disabled people, it said that the Government at that time had to ensure that any measures of welfare reform should uphold the human rights model of disability and did not disproportionately or adversely affect the rights of disabled people to live independently or to access employment.

Vicky Foxcroft Portrait Vicky Foxcroft
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I welcome the amendment, but does my hon. Friend agree that co-production needs to go beyond oversight if we want to build trust and engagement with disabled people and their organisations, and that we need to commit to the principles of co-production as outlined in my speech on Second Reading last week?

Marie Tidball Portrait Dr Tidball
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I do indeed agree with my hon. Friend, and I will be getting to those points shortly.

Further, the UN said that the voices of disabled people must be at the front and centre of this work and that the UK must actively consult and engage with disabled people and their organisations and give due consideration to their views in any legislation related to these rights. Therefore, Government amendment 4 is a significant step forward in removing those measures that were not consulted on. It also prevents the risks I highlighted in my speech last week on the previously proposed eligibility criteria, particularly on future recipients.

I am also pleased that the Minister confirmed last week that the legislation on changes to PIP eligibility and descriptors will not happen until the completion of the Timms review. This leads me to new clause 11. I am grateful for this new clause being selected. It is important to have a debate on it as a probing new clause, and above all, I will be seeking reassurances from the Minister at the Dispatch Box that the Government will get the detail of co-production right. I am grateful that the measures in this new clause were co-produced and supported by Disability Rights UK and the Spinal Injuries Association, as well as through discussions with a broader group of disabled people’s organisations and charities.

My new clause 11 sets out key measures to deliver on our excellent manifesto commitment to champion the rights of disabled people and enshrine the principle of working with disabled people to ensure that our views and voices are at the heart of all we do. Further, the measures in the new clause create a strong link between the Timms review and fulfilling our Equality Act public sector equality duty, along with the UK’s commitments to the UN convention on the rights of persons with disabilities, including the principle in article 4.3 of the need to

“consult with and actively involve persons with disabilities”.

Thus, in this context, meaningful co-production with the disability inclusion taskforce as part of the Timms review is essential.

Anna Dixon Portrait Anna Dixon
- Hansard - - - Excerpts

I commend my hon. Friend for her excellent speeches, both today and on Second Reading, and for all the work I know she has done behind the scenes to get us to where we are today. I fully support her new clause 11, which would guarantee meaningful engagement with disabled people before any changes are made to PIP. As she knows, PIP is also a gateway benefit to carer’s allowance, so does she agree that it is essential to include carers, as well as disabled people, in the disability co-production taskforce?

Marie Tidball Portrait Dr Tidball
- Hansard - - - Excerpts

I do agree. The Minister will head up this review, but the voices of disabled people must be front and centre. The measures in this new clause emphasise the need for disabled people and disabled people’s organisations to make up the majority of the taskforce and to have a significant role in the leadership of the review, and I believe carers could be part of that.

The output of this review must be meaningful and not performative. Therefore, there must be a mechanism to ensure that recommendations co-produced in the taskforce come back to this House for full scrutiny, debate and parliamentary approval before the legislation to implement the review’s outcomes is brought forward. That will ensure democratic accountability on those outcomes, including on how changes to PIP eligibility will impact disabled people. While the new clause suggests that this should happen after 12 months, and ahead of any proposals on PIP coming out next autumn, I am aware that the Minister is keen to ensure this co-production process is not rushed—that is a good approach.

I am grateful for the fact that in his closing statement on Second Reading, the Minister acknowledged my call for a target on closing the disability employment gap. That is the kind of approach I know the Government will develop as they bring forward their plans for employment support. The significant changes made to the Bill since last week will shift the emphasis to enabling disabled people to fulfil their potential, and to closing the disability employment gap. They will anchor Labour values of fairness in this part of the legislation.

15:00
Zarah Sultana Portrait Zarah Sultana (Coventry South) (Ind)
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I rise to speak in support of amendment 2(a) tabled by the hon. Member for Leeds East (Richard Burgon), amendment 38 in the name of the hon. Member for York Central (Rachael Maskell), amendment 39 in the name of the hon. Member for Brighton Pavilion (Siân Berry), and new clause 8 tabled by the right hon. Member for Hayes and Harlington (John McDonnell).

Errol Graham was a 57-year-old grandad and former amateur footballer. When bailiffs came to evict him, they found his emaciated body in a freezing flat—no gas, no electricity and no food. Only two tins of fish four years out of date remained. He weighed just four and a half stone. A coroner ruled that he had suffered death by starvation. Errol suffered from severe social anxiety. The Department for Work and Pensions knew that, and still cut off his only source of income. As his daughter-in-law said,

“He would still be alive. He’d be ill, but he’d still be alive.”

His death was not a tragic exception; it was a political consequence.

In 2017, Jodey Whiting took her own life after missing a fit-for-work test while she was hospitalised. Stephen Smith was denied benefits despite being gravely ill. He died in 2019. These are not just names; they are the human cost of decisions made in this place—decisions that, according to Sir Michael Marmot’s research, contributed to over 1 million premature deaths in England between 2011 and the pandemic, driven by poverty and austerity. Today the Government press ahead with more of the same.

Clause 2 of the Bill will slash the universal credit health element—the limited capability for work and work-related activity component—from £97 to just £50 a week. By 2030, that is an annual cut of £3,000 for over 750,000 disabled people. These are not people waiting for an assessment; they are people who the DWP has already found too ill to work—people who cannot feed themselves, who live with degenerative illnesses and who experience daily pain, confusion and incontinence—and we are supposed to believe that this is about helping them into employment. Even the Government’s own figures show that fewer than one in 10 new claimants will be protected by the so-called severe conditions criteria, and charities such as Scope, Z2K, the MS Society and Inclusion London have made that clear. The clause will exclude “huge swathes” of severely disabled people, especially those with fluctuating or progressive conditions, such as multiple sclerosis, bipolar disorder and Parkinson’s. Why? Because to qualify, their condition—according to the Bill—must affect them not severely or overwhelmingly, but constantly. As Scope put it,

“It feels like it’s been designed to cut support—not to support people.”

Let us not forget the requirement for an NHS diagnosis in the middle of an NHS backlog crisis. That excludes people with neurodivergent conditions and others who rely on private or social care support. This is a deliberate narrowing of the safety net. The result? A two-tier system that punishes people for trying to work, having variable symptoms or falling through the cracks of bureaucracy.

Robin Swann Portrait Robin Swann
- Hansard - - - Excerpts

The severe conditions criteria and the need for an NHS diagnosis exclude young people as well, because their diagnosis and condition may not automatically transfer from their medical records as a child to their adult records. They would need another NHS diagnosis to move from the children’s DLA to PIP.

Zarah Sultana Portrait Zarah Sultana
- Hansard - - - Excerpts

Exactly. Those are among the concerns about the requirement for an NHS diagnosis.

Meanwhile, what is the economic justification? Well, there is not one. As a share of GDP, working-age benefits have not risen since 2015. Other countries, such as France, New Zealand and Australia, invest more in their disabled citizens. We have alternatives—for example, we could have a 2% tax on extreme wealth. Just 50 families in this country own more wealth than half the UK population. According to YouGov, three quarters of the public support a 2% tax on those with wealth of more than £10 million, yet this Government will not tax the super-rich. Instead, they choose to take from those with arthritis, cancer and chronic pain. They just cannot decide how much suffering to inflict. While they squeeze the most vulnerable, they have found billions for war, and billions to raise defence spending and back endless foreign interventions—money for war, but not the poor.

The truth is this: Westminster is broken, but the real crisis is deeper. This Government are not only out of touch but morally bankrupt. They work for billionaires and big business, while turning their back on disabled people. They hold their summer receptions at Mastercard headquarters, while disabled people are pushed to food banks. They impoverish the sick and elderly to satisfy spreadsheets, and then dare to speak of “tough choices.” But the public sees through this: 81% of voters believe that disabled people should receive support for basic living costs. That is not a niche opinion; that is mainstream Britain. Disabled organisations, from Disabled People Against Cuts to Disability Rights UK, are united in their opposition to clause 2, because if this cut is passed, the consequences will be felt everywhere, especially in our constituency surgeries. The emails, the letters, the desperation, the suffering—all of it is avoidable.

I voted to protect winter fuel payments, and I would do it again. I voted to scrap the two-child benefit cap, and I would do it again. I will vote against these cuts tonight, because this is not just about benefits; it is about the country we want to be. Do we want to be a country that protects the vulnerable, or punishes them? I know which side I stand on, and I know that I speak for millions across this country when I say that we are not going to take this any more. The two-party stitch-up is finished. There is an alternative, and we will be offering it.

Olivia Blake Portrait Olivia Blake (Sheffield Hallam) (Lab)
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I begin by saying how much I respect the sincerity of colleagues who believe that the Bill will help address some of the difficult challenges that our country faces. I know many in this House are motivated by a genuine desire to improve lives and ensure that our welfare system is fair, sustainable and fit for purpose, but I have to say, with the deepest respect and regret, that on this occasion, I think we have got this wrong. Yes, the Labour Government have inherited a broken system on multiple fronts and, yes, we need reform, but we must be clear that reform cannot mean pushing disabled people further into poverty. It cannot mean referring to cuts as modernisation. Poverty has a price tag, and the cost-shunting that will be involved in these cuts will be plain to see in years to come and must be taken into consideration.

I support amendment 37 in the name of my hon. Friend the Member for Stourbridge (Cat Eccles), which highlights the lack of value for money in the contracts for assessment. There are so many successful reassessments and appeals; it is clear that we are not getting value for money from these contracts, and that this is an expensive and ineffective model that Ministers should look at, if they are looking for savings. There are better ways forward, and that is reflected in many of the amendments that I am supporting.

New clause 8, tabled by my right hon. Friend the Member for Hayes and Harlington (John McDonnell), would ensure that any changes to PIP must be brought forward in primary legislation. I strongly agree with that. Given the lack of time we have had to debate and give proper scrutiny to what is before us today, we should slow things down until the recommendations are brought back to us, so that we can have good-quality debate, and put better regulation and safeguards in place to prevent changes that would worsen eligibility for those who are already struggling or at risk of poverty.

New clause 11 tabled by my hon. Friend the Member for Penistone and Stocksbridge (Dr Tidball) calls for any review of PIP to be grounded in the principles of the UN convention on the rights of persons with disabilities. In a sense, I am disappointed that such a clause might be needed, but it points to the fact that we need more transparency, independent oversight and, crucially, co-production with disabled people. There can be nothing about us without us, and I hope the Government are listening on that new clause.

Amendment 38, tabled by my hon. Friend the Member for York Central (Rachael Maskell), acknowledges the fluctuating nature of some medical conditions that can be unpredictable and debilitating. The amendment would ensure that people with those conditions are not left vulnerable, and that the process is responsive and serves its purpose of being a safety blanket to those who need it most. Countless organisations have reached out to me and many others to raise concerns. People with conditions including multiple sclerosis, Huntingdon’s, cancer and schizophrenia are concerned about how the changes will impact on them. Their voices must be heard in this place. The amendments do not block reform; I think they strengthen it. They will ensure that the Bill is evidence-led and rooted in fairness.

New clause 12 seeks to prevent people with indefinite leave to remain, refugees and victims of trafficking from accessing PIP and elements of universal credit. Although it is not a shock that the Opposition will use any debate as an excuse to have a game of migrant-bashing, I am disappointed that those ideas have made their way into this proposal. What they will not tell the public is that most migrants in the UK are already excluded from accessing PIP and universal credit because they have no recourse to public funds. That restriction acts as a blanket ban on access to the social security system for 3.6 million migrants. Is it really acceptable to deny access to PIP or other social security to those who have spent years living and working in the UK—paying taxes and astronomical visa fees, and finally securing indefinite leave to remain—based on their nationality rather than on their disability? The new clause threatens the fundamental principle of our immigration system—that those granted indefinite leave to remain should have access to many of the same rights as British citizens.

There are better choices we can make, and better ways to find the money that we are told we need to find. We can scrap the outdated marriage tax allowance, a gimmick of the Cameron Government that still costs us £590 million a year. We can close unjustifiable tax loopholes, such as the carried interest loophole used by private equity bosses, which would raise half a billion pounds. We can apply national insurance to investment income, raising over £10 billion. A modest 2% adjustment to the £207 billion handed out in non-structural annual tax reliefs would raise £4 billion alone each and every year.

Let us talk about those reliefs. There are roughly 1,180 tax reliefs in the UK. His Majesty’s Revenue and Customs has no idea what benefit 815 of them bring to the public. This is about choices—we hear all the time about “tough choices”—so why are we not choosing not to properly examine that £200 billion of public spending while we tighten support for disabled people, who are just trying to live? We can and should reform the system.

Imran Hussain Portrait Imran Hussain
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As ever, my hon. Friend is making a passionate case. Does she agree that, for many of us, our principled objection to the Bill remains? It will still balance the books on the backs of the most vulnerable; it will still bring poverty to our streets. Will she join me in my plea for the Bill to be withdrawn, which is the best option for the Government?

Olivia Blake Portrait Olivia Blake
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I agree. That is my plea to the Treasury Benchers: There is still time to withdraw the Bill and come back with something better.

These issues should be tackled head-on. It is unjust that, because of the way we have built society, each and every disabled person faces £1,000 in extra costs on average per month. None of that is optional spending; it is the unavoidable price of navigating a society that was not designed with disabled people in mind. There is a whole host of reasons for that spending; they are the non-negotiable realities of having a disability. Disabled people know better than anyone the barriers that keep us from work and what would help, so listen to us.

Graham Stuart Portrait Graham Stuart
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A non-negotiable reality is that we have must economic growth to fulfil the Government’s priorities, be it looking after the poor or the disabled, or any other priority. Yet under this Government, inflation has nearly doubled, and their unemployment Bill, jobs tax and other measures have brought the economy to a halt. Can Labour Members not understand that if they do not prioritise private enterprise and economic growth, they will never be able to serve the most vulnerable, who depend on that growth the most?

Olivia Blake Portrait Olivia Blake
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I thank the right hon. Gentleman for interrupting at that point, because I have two suggestions that I think would be good for growth. The first is to ask the British Investment Bank to support disabled people in setting up their own business, as it does women and those setting up a minority-led business. I know many ADHDers who would make great entrepreneurs. Unfortunately, sometimes they end up going down the path of criminality. We should consider how we can ensure that their innovation is enhanced and used properly.

The second suggestion is that we make our economy much more inclusive. There could be a national insurance contribution discount for taking on someone with a disability, who may be in receipt of PIP and may have been out of work for more than six months. I am sure that, through a more inclusive society, we can encourage growth, not discourage it.

I have taken up far too much time, so I will end with this. Disabled people know what is best for us. We should be investing in people’s independence, not leaving them on the sidelines or pushing them into poverty. That is a matter of justice, but in the end, it saves money as well. More than that, it gives people the dignity and freedom to live well. That, surely, should be our purpose.

15:15
Ann Davies Portrait Ann Davies (Caerfyrddin) (PC)
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I stand to support new clauses 8 and 11, and amendments 12, 38 and 39, among others, which I will mention as I go through my speech. I promise to keep to the unofficial four-minute time limit.

A week after the cruel Universal Credit and Personal Independence Payment Bill and its arbitrary eligibility cut-offs was first discussed, we are today being asked to amend and pass this deeply flawed Bill in a couple of hours. Of course, it is now a completely different Bill from what was first introduced—even the title will be changed. I am not alone in welcoming the removal of clause 5, which means that no one will lose vital personal independence payments so that the Government can save some money. However, unlike other hon. Members, I do not believe that the UK Government’s concessions make the Bill any more worthy to become legislation.

The Government have conceded that placing an arbitrary cut-off date on PIP eligibility is unsupportable, so why on earth do they continue to do exactly that for claimants of the health element of universal credit? I commend the hon. Member for Leeds East (Richard Burgon) for amendment (a) to amendment 2, which would keep the health element of universal credit at £423.27 for all new claimants, rather than lowering the rate for people who are unlucky enough to require that support after 2026, which will cause real hardship. The Joseph Rowntree Foundation estimates that, without further changes, over 700,000 disabled people will still face a cut to their income of up to £3,000 a year by 2030.

We do not know what data has informed that approach or how it will impact on the great people of Wales. An assessment of the specific impacts on Wales has been necessary since the UK Government first announced their welfare cuts months ago. Now that their plans have changed considerably, that impact assessment is all the more crucial. People in Wales need transparency and certainty about how the changes will affect their lives.

In what functioning democracy does a Government Bill get fundamentally altered in the middle of the first debate on that very Bill, and then elected representatives are given only a few hours to scrutinise it before it is passed? We need time to scrutinise the Bill fully and effectively. We need time to co-produce it with the constituents whose lives it will affect. This is a chaotic and shameful state of affairs, especially in the light of the substantial impact that the Bill will have on thousands of disabled people on the lowest incomes.

Joshua Reynolds Portrait Mr Joshua Reynolds (Maidenhead) (LD)
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Will the hon. Lady give way?

Ann Davies Portrait Ann Davies
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I am just coming to the end of my remarks, if the hon. Member does not mind. I am keeping to my four-minute time limit.

The Bill should be scrapped. It is neither fair nor compassionate welfare reform. It is not fit for our constituents.

Graeme Downie Portrait Graeme Downie (Dunfermline and Dollar) (Lab)
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I will speak to amendment 17, which I tabled with the support of 62 Members from across the House. It would ensure that if a person has a fluctuating condition such as Parkinson’s or multiple sclerosis, that is a factor in considering whether they meet the severe conditions claimant criteria.

I have been working with Parkinson’s UK, and as the new chair of the all-party parliamentary group on Parkinson’s, I have heard concerns from those living with the condition, and their carers and families, about the problems they already face in accessing support through the welfare system, because of fundamental misunderstandings about the fluctuating nature of the condition. Those concerns have been exacerbated by the Bill, particularly paragraph 6 of schedule 1, which states that in order to meet the severe conditions claimant criteria,

“at least one of the descriptors…constantly applies.”

Someone with Parkinson’s, MS, ME or other similar conditions may be able to carry out one of the activities in the descriptors such as walking for 50 metres or pressing a button in the morning, but then not be able to do so by the afternoon. Under my initial reading of the Bill, that means that someone with Parkinson’s could never be a severe conditions criteria claimant because they would not meet the descriptor “constantly”.

I thank the Minister and his team for their extensive engagement with me on this matter, but the language used in the Bill has caused concern and fear for those with Parkinson’s. As the Minister has helpfully said, and as he explained to me prior to the debate, much of the explanation that I have received centres around existing guidance that a person must be able to undertake the activity in the descriptor “repeatedly, reliably and safely”. If they cannot, the criteria will count as applying constantly and they will be considered a severe conditions criteria claimant.

Stephen Timms Portrait Sir Stephen Timms
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I thank my hon. Friend very much for all the work he has done on this, and for helpfully highlighting that concern. It might help if I read briefly to him what the current training material for people applying the severe conditions criteria says about what level of function will always meet limited capability for work and work related activity:

“Although this criterion refers to a level of function that would always meet LCWRA, this does not in any way exclude people diagnosed with a condition subject to fluctuation or variability.

The key issue is that the person’s condition is not subject to such variability that their function would ever be significantly improved from the LCWRA descriptor identified”.

I hope that that, together with my earlier intervention, will give some reassurance to my hon. Friend.

Graeme Downie Portrait Graeme Downie
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I very much thank the Minister for his intervention, which I think will provide extensive reassurance to those with Parkinson’s and other conditions. I will keep a watching brief on this measure as it progresses, and I am aware that Parkinson’s UK has today received its own legal advice, which indicates that the application of the measure might not be quite as clear as the Minister intends.

My other concern is about the perhaps undue burden that the measure places on the guidance, as well as the perhaps unfair position in which it puts an assessor, which could lead to an inconsistent application of the guidance.

Adam Jogee Portrait Adam Jogee (Newcastle-under-Lyme) (Lab)
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My hon. Friend will know, as do many Members, that my father-in-law died from Parkinson’s two and a half weeks ago, so this is a personal issue for both me and my family, and for many constituents who have written to me in recent weeks regarding their concerns about the lack of clarity. I add my support to my hon. Friend’s calls for clarity. Although I am grateful for the Minister’s intervention, we must ensure that we get this right, and get it right soon.

Graeme Downie Portrait Graeme Downie
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I know that the thoughts of Members across the House are with my hon. Friend and his family. I know what a challenging time it has been, and the fact that he has been able to carry on his duties extensively, representing his constituents, is to his credit and something that his family will be incredibly proud of.

As I said, the Minister has been generous with his time, and I do not believe for a moment that his intention is to restrict access to the severe conditions criteria for those with Parkinson’s. Those words from the Dispatch Box are incredibly helpful, but I ask him to ensure that he keeps a close eye on the situation.

Robin Swann Portrait Robin Swann
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As the hon. Member knows, I signed his amendment, but may I caution him before he accepts the Minister’s very kind guidance? Will he clarify that it is guidance? This is training documentation and it is subject to change. It is not contained anywhere in the Bill or the amendments, so what the Minister read to the Committee was simply training guidance.

Graeme Downie Portrait Graeme Downie
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Again, I understand from my helpful conversations with the Minister that this is taking existing guidance and applying it to law, but I understand the hon. Member’s concern.

My final point is to ask the Minister to keep this issue under active review. If any new evidence comes to light to show that the primary legislation is acting as a barrier to the Government’s position being reflected in reality, I hope he will consider opportunities to correct that in due course. We all hope that the Government’s clear intention that people with Parkinson’s and other conditions are in no way—

Graeme Downie Portrait Graeme Downie
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I am happy to take one final intervention.

Patricia Ferguson Portrait Patricia Ferguson
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I am grateful to my hon. Friend for taking a further intervention. As a signatory to his amendment, I wonder whether his discussions with the Minister have included someone with a condition such as relapsing-remitting MS who can spend long periods appearing to be perfectly healthy, but then have other periods when a crisis occurs and they are debilitated by their condition. Will the provisions that the Minister describes be sympathetic to those sorts of situations?

Graeme Downie Portrait Graeme Downie
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As my hon. Friend will know, my amendment specifically mentions MS, and she and I have had shared friends who have suffered with that condition. We must ensure that there is a clear understanding of the reality of such conditions on the ground, so that when these provisions are delivered in reality by assessors, people are able to access the additional support that they need.

Welfare reform is undoubtedly needed after the mess of a system that we were left by the previous Government, but wherever possible we must ensure that the wording of the Bill is as clear as possible. We must ensure that those affected are in no doubt about what our intent is, so that that is indisputable and we truly give effect to the intentions behind the Bill. I again thank the Minister for his incredibly helpful intervention, but we will ensure that the reality reflects the Government’s excellent intentions.

John Milne Portrait John Milne (Horsham) (LD)
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I rise to speak in support of amendment 36. Over the past weeks, I have met numerous disability organisations, from Parkinson’s UK to Action for ME, and heard directly from those living with complex fluctuating conditions. I have also seen the impact at first hand as an employer of people with long-term invisible disabilities. What I have heard, seen and lived is simple: the current proposals risk unacceptable consequences for those who are already among the most vulnerable. The Government’s redefinition of “severe conditions” hinges on the word “constantly”—a single word that is of dubious clinical value. I appreciate the clarification given to other Members, but it is very late in the day to be getting such important information.

Conditions such as ME/chronic fatigue syndrome, MS, epilepsy and bipolar disorder do not operate on a schedule. They are unpredictable and they fluctuate, yet the Bill would exclude many individuals who have them from vital support, simply because their symptoms do not comply with a Government definition. Amendment 36 would ensure that our assessment system respects the United Kingdom’s obligations under the UN convention on the rights of persons with disabilities. This affirms the principle of non-retrogression so that we do not roll back hard-won rights. It insists that we take invisible and episodic conditions seriously, and it protects people from falling through the cracks.

The Bill has had an extraordinary passage through Parliament, and at this point the most obvious course of action would be simply to pull it altogether and start again. I realise the political difficulties that that may involve, but vulnerable people’s lives are at stake. When the Government come to look again at some of the deleted clauses via the Timms review, it is essential to approach the issue from a “needs first” angle, not a “how much can I save?” angle, because so many Government cuts in the past have ended up costing more than they have saved.

I accept that the Government do not have infinite funds, but the PIP proposal represented an arbitrary change in eligibility—the four-point rule—with the crude objective of making a predetermined saving. It has all been the wrong way around: we should wait to understand needs first, and only then consider to what extent the Government can afford to meet them.

Anna Dixon Portrait Anna Dixon
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Does the hon. Gentleman recognise that the concessions that the Government have brought forward and the amendments that are before us today ensure that we are getting it the right way around? It is explicit in the terms of reference that the changes are about a fair and fit-for-the-future assessment, rather than to generate further savings, so does he agree that the Bill allows us to get the Timms review done and to bring forward proposals after that?

John Milne Portrait John Milne
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I cannot agree with the hon. Member, and I will partly explain why in a moment.

We need a more honest assessment of the overall financial situation that is being used to justify these drastic cuts, because the wrong diagnosis leads to the wrong solutions. The dramatic rise in PIP claimants is at least partly driven by other Government policy; perhaps one quarter of the rise is simply due to raising the pension age. Large numbers of people who are older, and therefore more likely to be disabled, have been pushed out of pension support into benefit support. The state pension is paid out of current taxation, not past contributions, so the impact is immediate.

15:27
From the state point of view, that switch is cost neutral. In fact, since state pensions are usually much higher than PIP payments—perhaps double—then the state has made a significant saving. When we consider other factors, such as greatly increased post-covid NHS waiting lists, it is clear that the rise in PIP demand, while still significant, worrying and worthy of attention, has been overstated.
Kirsty Blackman Portrait Kirsty Blackman
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The hon. Gentleman mentioned the NHS and waiting lists. Does he share my concerns about the severe conditions criteria and the requirements for the diagnosis to be made by an NHS professional, in the course of NHS duty, when people may not have access to that? There is also a requirement for the condition to be considered “lifelong” by NHS professionals or health professionals, who may be unwilling to say that schizophrenia or bipolar disease, for example, are “lifelong” because they do not want to tie people down to that diagnosis.

John Milne Portrait John Milne
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Yes, I agree that that is an additional concern.

The implication has been made, both by this Government and the previous one, that much of the rise in claims is down to benefit chasing and people simply exaggerating their conditions. This is an assumption that needs serious interrogation because it looks to be substantially untrue. For all these reasons and more, the best course of action would be to pull the Bill now and to make a fresh start. Denying adequate support today will only shift the burden tomorrow on to social care, the emergency services and our already overstretched NHS. We have been warned by the UN not once, but three times, that our welfare system is failing disabled people. Amendment 36 is a chance to show that we are listening.

Neil Coyle Portrait Neil Coyle
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I am concerned about some of the amendments before us today, in particular those that call for delays to legislation. We are one year into a five-year term—20% of this Parliament is gone—and the public need to see progress, not further delay.

I am mindful that Ministers have already done a huge amount of heavy lifting to rebuild trust with disabled people and disability organisations since the election. We should all recall that in July 2024, the Department for Work and Pensions was under formal investigation by the Equality and Human Rights Commission for unlawful treatment of disabled people. This Government have made considerable progress since then in trying to rebuild trust, including through measures in this Bill and linked to it, such as abolishing the work capability assessment. I have been here for 10 years—some might say it feels like longer—but before entering this place, I campaigned, as the chair of the Disability Benefits Consortium, to abolish the work capability assessment. I know that disabled people and their organisations are grateful and thankful for the inclusion of that measure in the wider package that the Government are bringing forward.

Although it seems to have been lost in some of the debates we have had on the subject, I am also mindful that in my own constituency, the number of claimants for PIP will rise in this Parliament, spending on that will continue to rise in this Parliament, and the 12,700 universal credit claimants in my constituency will get an additional payment under this Government’s plans, which will be the first ever above-inflation rise in universal credit. There is much to gain and much that is supported by disabled people and their organisations in the package that the Government have brought forward.

I particularly welcome the Government’s commitment to support more disabled people into work. We need to challenge ourselves a little more in this place about some of the language of vulnerability. Being seen automatically as vulnerable because of a health condition or impairment is not in line with the social model of disability. Many disabled people find that patronising and offensive, and we need to update our system, just as we updated our system thanks to previous Labour Governments. We had the first ever blind Secretary of State in David Blunkett—now Lord Blunkett—at a time when the benefits system said that blind people were not required to participate in work-related activity. The benefits system is not a static beast: it is an evolving creature that needs to be updated to reflect changes in assistive technology, medication and adaptation and advances in technology.

We must not end up with a system in which people are written off and parked in a system because it is too difficult to get them into work. That is not a Labour solution. We are the party of full employment, which must and should include disabled people if we are committed to disability equality and if we are the party of progress. I will chip in that this party takes no lectures on what is progressive from nationalists, whether it is Scottish nationalists or the populists in Reform. We see the costs to disabled people of parking under the former benefits system and legacy benefits: the longer that somebody is out of work, the more ill health that they experience, including mental health and depression, and the more costs that they incur for the NHS. There are state benefits and individual benefits for getting the right support.

I speak from rather too much personal family experience. My mum has schizophrenia and my dad had a stroke in his 40s. He was told by the jobcentre, “This is what you will get. Now, basically, sod off—we do not want to see you, and we do not expect to provide you with anything.” He found his own way back into work through going to university as a mature student—well, not that mature—at Newcastle University, and he graduated in the same year as me.

We should look at the wider picture of full employment. I particularly welcome the Government’s broader aim of reducing the disability employment gap, which was deeply neglected for 14 years, and transforming jobcentres from benefit administration centres. They had been failing not because of a lack of will or frontline staff, some of whom are absolutely excellent, but simply because the job they were given to do had changed from being about supporting people into work to simply administering a failing system that, as we discussed earlier, had the highest fraud levels ever seen in the UK social security system.

I think most of us believe that disability equality is measured not in the amount of benefits that individuals receive, but in the shared opportunities and access to life chances open to all in our country. I am deeply mindful of that, because while we had a lost generation under the 14 years of the Conservative Government and the Lib Dem coalition Government, we had a previous Government who were deeply committed to those issues. That Government published a report, 20 years ago today, called “Improving the life chances of disabled people” with an implementation and delivery date that was meant to provide those opportunities and equal access by 2025. Sadly, those coalition and Conservative years set back the clock.

The report is still available to all those who want to see it, and it talks about pathways to work and dedicated employment programmes being necessary, such as the new deal for disabled people. Those programmes were largely demolished by the coalition. It talks about the importance of the role of the NHS, GPs, occupational health and rehab. Again, a Labour Government are now fixing the wider NHS problems to make those aims and objectives deliverable today. The then Prime Minister’s strategy in the report committed to changing the system so that it tested functionality and ability to contribute, rather than writing people off. Again, this Government have had to come back to that after a lost decade.

We had a report 20 years ago that talked about the necessity of a better equipment system and the need to improve access to work—something that Ministers are committed to today and are beginning to transform with faster assessment processes and by delivering the kit needed. The report also talks about the importance of engaging with employers and the positive role that Jobcentre Plus could play in engaging employers early in the process. Sadly, we have seen a long delay in delivering those improved life chances, but this is a Labour party back in government and trying to deliver disability equality and improve the life chances of disabled people. The measures in this Bill are integral to that aim.

As I say, I am concerned about some of the amendments before us. I also have some concerns that the Bill needs to go further in tackling barriers to work for disabled people, such as the benefits structure, including for those in supported accommodation. It is great that we have the right to try, but more is necessary. We also need to go a bit further with employers, including around reasonable adjustments and ensuring that employers do not accept resignations based on ill health immediately, but look at the packages of support that might be necessary, as well as working with them to tackle discrimination. The Federation of Small Businesses in particular, which has done work on this issue previously, would be a really useful partner to have going forward.

None Portrait Several hon. Members rose—
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Caroline Nokes Portrait The Second Deputy Chairman of Ways and Means (Caroline Nokes)
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Before I call the next speaker, may I remind all Members that this is the Committee stage? Can we have some focus on the amendments we are debating this afternoon, not wide-ranging Third Reading speeches? At this rate, there will be little time for Third Reading.

Iqbal Mohamed Portrait Iqbal Mohamed (Dewsbury and Batley) (Ind)
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I rise today to speak in support of amendments 2(a), 37 and 39, and new clauses 8, 10 and 11. Without going into a Third Reading speech, it is important to highlight that we are debating a Bill that will have a profound and, in many cases, devastating impact on thousands of families across our country.

As the Resolution Foundation puts it, this Bill represents an

“income shock for millions of low-income households.”

That should give every Member in this Chamber pause. What is particularly troubling is that the areas hardest hit are the very communities that this Government claim to support—places in the north of England, in Wales and in my region of Yorkshire. These proud working-class areas are being failed by a Government tightening the purse strings on the most vulnerable.

In Dewsbury and Batley, 7.9% of people claim personal independence payment. I have had more than 150 constituents contact me terrified about what these cuts mean. Those are not just numbers; they are real people with real needs. The universal credit health element is an essential lifeline for millions of people in our country. One of my constituents, Andrew Waring, ran a business before 2020. Then covid left him with long-term organ damage. He could barely walk 10 metres, and his PIP payments became a lifeline. Cutting such support is not about trimming fat; it cuts into people’s dignity and survival. More than 20 civil society organisations have urged MPs to reject these cuts. Even with the Government’s amendments and the change introduced last week to defer any cuts to PIP until the Timms review has concluded, people are still left concerned and in severe distress.

As it stands, clause 2 will leave 750,000 people, according to the Government’s impact assessment published last night, up to £3,000 worse off by 2030. One in five people on universal credit and disability benefits have used a food bank in the past month, and this Bill will just increase that number. That is why I support amendment 2(a) tabled by the hon. Member for Leeds East (Richard Burgon) to maintain the current universal credit health element. That cut will especially hurt people with mental health conditions who are already struggling to access support.

Many Members across the House have spoken in support of the other amendments that I also support, and I will not repeat their eloquent and informed speeches and the points they made. To conclude, what has been disappointing at the end of my first year in Parliament is to see a critical Bill, which will impact millions and millions of people in our country, rushed through the legislative process in a way that has not allowed the relevant time to understand, amend and improve it so that it is fit for purpose. I am sorry to say so, but this process has been a legislative mess.

Scott Arthur Portrait Dr Scott Arthur (Edinburgh South West) (Lab)
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I just want to make a gentle point to the hon. Member. He points out that the process feels rushed, but sitting here, I observe that there is not a lot of demand to speak from Members from any of the other parties on the Opposition Benches: just two Conservative MPs, no SNP MPs and no Reform MPs. Does he share my disappointment?

Iqbal Mohamed Portrait Iqbal Mohamed
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I am unable to comment on the people to whom the hon. Gentleman refers as “absent”. I am here to represent my independent alliance colleagues, all of whom strongly oppose the Bill as it is presented here today. It will adversely impact millions of people in our country—the people at the bottom of the food chain; the people who are struggling to feed their children, heat their homes, get to work, and keep appointments that are critical for receiving treatment that enables them to manage their conditions.

Alison Bennett Portrait Alison Bennett (Mid Sussex) (LD)
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The hon. Member talks of the difficulty faced by people with disabilities. Many millions of those people are supported by family members who are unpaid carers. Does he agree that although the Government have said that they will work with disability groups and people who have disabilities, they should also co-produce whatever comes forward in conjunction with carers’ organisations?

15:45
Iqbal Mohamed Portrait Iqbal Mohamed
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I do agree, and I repeat a point that was made earlier by one of my colleagues: the Timms review must include not just disabled people but disabled people of all ages, and also carers. As I said in my speech last week, this change could potentially cut £500 million from carer’s allowance for people who are caring for disabled relatives, the largest cut since the allowance was introduced in 1967. We urge the Government to maintain that holistic view of the change and the impact that it will have.

The process of the Bill—despite the objections from Labour Members—has been a legislative mess. What happened last week has been followed by today’s amendments, which will basically gut the Bill and focus the changes on universal credit. We have seen last-minute changes, a rushed timescale and a lack of proper scrutiny. Disability is not a choice. Needing help is not a failure. This Bill is not just bad policy; it is a betrayal. I urge every Member of the House to reject it.

Terry Jermy Portrait Terry Jermy (South West Norfolk) (Lab)
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I was keen to speak in the debate, to share with hon. Members my own lived experiences of our current welfare system and to explain why I support a number of the amendments.

My dad worked hard from the day he left school, at age 15, right the way through to the age of 55. He was an engineer. He paid his taxes and contributed to society. He never sought help from anyone throughout his life, and he was proud of the work ethic that he stood for. But on 13 August 2013, out of nowhere, he had a life-altering stroke. Overnight he completely lost the use of his left leg and left arm, his hand was almost always in a tight fist, and speech and memory became difficult. Although he had worked for the same engineering company for more than 20 years, his employment contract offered little financial support, and within just a few weeks he was struggling to make ends meet on statutory sick pay. As a family, we had never heard of personal independence payments or of universal credit. My dad did not want to apply, but financial realities meant that we had no choice.

We found a welfare system that was difficult to access. It was confusing, slow—incredibly slow—and at all times we found it frustrating and, frankly, dehumanising. We spent months and months going through the PIP application process, and all the while no financial support was forthcoming and things were tough—very tough. My parents were supported by the local food bank. They borrowed money and got into debt.

Having lived a difficult 10 years following his stroke, fighting against a system that he had paid into for so long, my dad died. In January 2023, having struggled to get a GP appointment, he developed pneumonia. He was placed in a medically induced coma, during which time he had a further stroke from which he never recovered. My dad, like so many others, was let down by the welfare system that was supposed to care for him, and let down by the NHS at the end of his life.

Given my background, the House can perhaps understand why I have found confronting some of the initial proposals in this Bill so difficult. I have seen at first hand how debates in Parliament and rhetoric from hon. Members impact on my own family and on my constituents, particularly with regard to their mental health. It is important that we recognise that disabled people so often feel that they are a burden. They feel that others think that their disability has been somehow manufactured, and that they are benefit cheats. Disabled people are not a burden; it is our privilege to support them.

It has been said of late that Labour is the party of work. Indeed it is, but through that labour we have a responsibility and duty to help others, and it is important that these values are reflected in any proposals. I support the amendments tabled by my hon. Friends the Members for Penistone and Stocksbridge (Dr Tidball), for Walthamstow (Ms Creasy) and for Nottingham East (Nadia Whittome), which seek to ensure that those values are enshrined, because I agree that we absolutely should be doing more to support disabled people into work. Obvious barriers exist, particularly in more rural areas, such as my constituency, where transport options are limited and suitable work opportunities are more difficult to find. Of course we should support disabled people into work, but not by changing the rules and making eligibility for benefits more difficult.

Our public services are broken, and many of my hon. Friends have articulated well how bad things are. Following 14 years of Conservative failure, it should be no surprise that welfare claims are rising. It is the statistical inevitability of the state of our country.

In all the time I spent advocating for my dad at DWP appointments, medical assessments and work capability assessments, I would sit there and think, “What about the people who do not have someone fighting on their behalf? What hope do they have?” Navigating the system was bad enough for our family. What must it be like for others?

In our roles as MPs, we all have a responsibility to advocate for people who do not have a voice. If we want to reduce the welfare bill—I am sure we all want to do so—we must do so by fixing our broken systems. Millions of people are on NHS waiting lists, and many who want to work are not receiving the treatment that would enable them to do so. This Government are making tremendous progress on improving our NHS and healthcare systems, and we need to give that time to bring about the change that we seek. The welfare system is slow, expensive and inefficient, and it is riddled with private profit taking advantage. We must reform that, tackle that and reduce those costs.

Disabled people in this country have suffered disproportionately for years. Austerity and the last Conservative Government ruined lives, and people longed for a changed narrative under Labour. They voted for that change last July. If we are to move forward as a country, we must move forward together, and that includes disabled people.

None Portrait Several hon. Members rose—
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Caroline Nokes Portrait The Second Deputy Chairman of Ways and Means (Caroline Nokes)
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I understand that Sir Roger may already have made this point, but about 23 colleagues are still waiting to speak and we have roughly 88 minutes left. At four minutes each, most of you will get in. If you choose to take eight minutes each, half of you will get in. I will allow colleagues to make the decision as to whether they wish to help each other.

Steff Aquarone Portrait Steff Aquarone (North Norfolk) (LD)
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It is an honour to follow the hon. Member for South West Norfolk (Terry Jermy), who is my constituency neighbour. I welcome and value his testimony and his authenticity of purpose in what he said.

I wish to speak in favour of my new clause 5, which I am pleased to say has been supported by many of my colleagues representing both inland and coastal communities. My new clause would require the Government to publish, within six months of the Bill passing, an assessment of how its provisions impact on coastal communities, such as mine in North Norfolk. That is really important, because this Bill could have a huge and detrimental impact on such communities, and I am deeply concerned that the Government have once again failed to consider coastal communities in their policy. I have heard from hundreds of worried constituents, and I am sure that the same is true of my coastal colleagues from across the House—we all know that our areas are too often overlooked and not valued enough by Governments. My new clause would ensure that the Government have to take account of how our areas will be particularly harmed by such badly thought-out changes.

What is on the face of the Bill as it stands will be really damaging to our coastal regions, even if we accept the Government amendments. Some of the highest rates of PIP claims are in coastal communities, as are some of the highest rates of unemployment. Considerably above-average rates of sickness, poor health and lower quality of life are found in coastal communities. If the Government press ahead with such blunt changes without supporting more people into work first, it could be catastrophic for communities all around our coastline.

Communities who are eager to get into work are faced with a litany of barriers that the Government are not doing enough to solve. We have real issues with public transport access, so for many trying to access inland employment, it is either too far or too hard to get to many jobs, or they see their pay packets eaten into disproportionately by bus or train fares. Almost one in five unemployed people have not applied for jobs or have turned down offers due to problems with transport.

This problem is even more acute among young people—both employed and not—who are nearly three times more likely than their older working age peers to turn down a job because they simply cannot get to it. These struggles extend to those accessing vocational training, which can be a new route into new trades and qualifications that are simply not accessible for many due to the distances required, or the lack of a workforce to provide the training. We have many talented people currently in receipt of PIP or UC who would be eager to train for an industry that they feel could allow them to work, but in communities such as mine the opportunities are just too lacking.

We know that the welfare system is not working—that is clear—but the Government have to stop looking at this issue as mere numbers on a balance sheet. When the Government do that and just look at ways to get to a magic number demanded by the Treasury, they ignore the people behind the numbers. There is an urgent need to tackle underemployment and, in particular, the rise in the number of young people with mental ill health being sentenced to a lifetime of worklessness. But ripping out the safety net will do nothing to help young people in coastal communities such as mine, who are three times as likely to suffer from undiagnosed mental distress than their inland equivalents in underprivileged areas.

Cameron Thomas Portrait Cameron Thomas (Tewkesbury) (LD)
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Tewkesbury is not a coastal constituency, although once a year at least it feels as though it is, but my hon. Friend’s constituency shares a lot of the issues faced by my rural constituency. What he is getting at—and this is why I will be voting against the Bill—is that it does not present the means to get people back into work. Transport is one of the most significant barriers to that, as I hope he agrees.

Steff Aquarone Portrait Steff Aquarone
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I completely agree that that barrier must be addressed, and the business case is so clear and easy to see. The Government should focus on supporting employment opportunities in our coastal communities by investing in our tourism and hospitality sectors, supporting training and development opportunities, and fixing our broken transport system. Yet again, I think many of these challenges might have been raised earlier if there was a Minister for coastal communities in the Government who could speak up for us.

Gill German Portrait Gill German (Clwyd North) (Lab)
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The hon. Member speaks with passion about coastal communities, and I share that passion because I also represent a coastal community. I am pleased that some of the barriers he has highlighted are in fact being addressed in my coastal community through the work there that has now been chosen as a trailblazer. Transport is one of those barriers, and the organisation working in Clywd North will break down transport barriers by finding routes and ways for people to get into training and work, and by paying for their transport as well. I know that the trailblazers are looking to roll that out countrywide at the end of the process. Does he agree that things can be done to overcome those barriers, including in our coastal communities?

Steff Aquarone Portrait Steff Aquarone
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I look forward to the shareable case study from Clywd North when it is available, because things can be done, and doubtless they are being done, but we need to be doing them in every corner of the country and every coastal community around our country. I hope the Government accept my new clause 5 to force them to make a real assessment of how areas such as mine and that of the hon. Member’s will be affected by the proposals. However, I still urge them to scrap these badly designed changes, go back to the drawing board and come up with reforms that will support, not punish, our coastal communities.

Kim Johnson Portrait Kim Johnson (Liverpool Riverside) (Lab)
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Today, I rise not just with a heavy heart, but with huge disappointment. Despite the concessions made last week, the Bill remains a danger to disabled people, and it is not just a bad policy, but economically reckless. When we take away essential support, we do not reduce costs; we shift those costs on to the NHS, local authorities, unpaid carers and working-class communities.

Despite the hard-won concessions, this Bill remains an assault on disabled people. It is not a strategy for inclusion or support; it is a calculated effort to slash funding and vital support from those of our constituents who need it the most. According to the Government’s own impact assessment, it will mean £2 billion-worth of cuts, which are set to cost around 700,000 future universal credit recipients an average of £3,000 each year by 2030. The Bill will push 50,000 people into poverty and will be disastrous for people already living in poverty. I was not elected as a Labour MP to take money out of the pockets of the poorest and most vulnerable.

16:00
I am proud to support amendment 2(a), which would stop this cut; new clause 4 and amendment 36, which would uphold rights under the UN convention on the rights of disabled persons; new clause 8, which would mandate the implementation of the Timms review; and new clause 10, which would mandate a human rights analysis. These amendments would mitigate the worst elements of this deeply misguided Bill, but I stand with every major disability rights organisation and say that the Bill must be scrapped altogether.
The Bill will devastate communities like mine in Liverpool Riverside; it will be one of the most affected constituencies in the country. Already, over 13,200 people in the constituency—nearly 14% of our working-age population—rely on sickness and disability benefits to live with dignity. I have constituents contacting me daily, expressing fear, anger and despair. I hear from carers facing destitution, and from disabled people terrified of losing their last shred of financial independence. These are people making impossible choices between heating and eating, and between rent and medication. Disabled people feel vilified, dismissed and forgotten. Their voices have been ignored at every stage of the process. There has been no proper consultation, no co-production, no scrutiny, no compassion and no respect.
If Ministers truly want to fund a better social security system, they could introduce a fair wealth tax, clamp down on tax avoidance, put a levy on banks and gaming, or invest in inclusive employment support. This is not reform; it is a sadistically cruel cost-cutting exercise. It is a betrayal of everything we Labour politicians claim to stand for. I, for one, will not stand by while this Government strip away dignity, security and hope from the people I represent. I am not the only one who believes that; other MPs do, too, and the UN is calling for UK to pull the Bill, because it will “deepen regression” on disabled people’s human rights.
I will vote against the Bill today because my Liverpool Riverside constituents deserve better, disabled people across the country deserve better, and the Government need to do better for disabled people.
Adam Dance Portrait Adam Dance (Yeovil) (LD)
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I wish to speak in favour of amendments 12, 13 and 17, and Liberal Democrat new clauses 2, 3, 6 and 7.

The Bill has been an absolute shambles from the start; there was no consultation with disabled people, and there has been last-minute chopping and changing. The Timms review and the removal of the PIP elements of the Bill are welcome, but the process that got us there has left disabled people in Yeovil fearful, and with little confidence in the Government. For example, my constituent Noel has unfortunately been unable to work due to a degenerative condition. He receives universal credit and has been left deeply distressed by the proposed changes; he visits my office almost daily for support. He is not alone. So many people in Yeovil have made it clear that the proposals are just unfair.

The whole point of the Bill, as far as I can tell, was to get people back into meaningful work and lower the welfare bill—things that I think we all want—but at no stage has the Bill done what is needed to help get people back into meaningful work: address the crisis in our NHS and social care system, and our growing chronic health issues. I have constituents who would have ended up homeless as a result of the original proposals, and now, without a full impact assessment, we do not really know what effect the Bill will have on our constituents. I am really concerned that people with Parkinson’s and conditions like MS will effectively be excluded, as a result of the criteria, from the higher rate of the health element of universal credit. At the very least, I urge colleagues to support amendment 17 to address that.

The original Bill was supposed to save around £5.5 billion, but the Institute for Fiscal Studies predicts that the amended version will deliver basically no savings over the next four years, as over that period, the forecast savings from reducing the universal credit health element for new claimants will be offset or exceeded by the cost of increasing the UC standard allowance. What is the actual point of this Bill?

Edward Morello Portrait Edward Morello (West Dorset) (LD)
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My hon. Friend and neighbour’s constituency, like mine, is extremely rural; he will know that the cost of delivering services in rural areas is four to five times higher than it is in urban areas. PIP allows people to live independently. Both my hon. Friend and I see integrated care boards that are under extreme financial pressure. We will end up paying one way or another—we might as well give people the independence to live freely while we do it.

Adam Dance Portrait Adam Dance
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I completely agree with my hon. Friend and neighbour. We will see a huge impact from ICBs having to make a 50% cut. We are already seeing the impact in Yeovil, as hon. Members will have heard me say. The maternity unit has had its funding cut, and is being shut for six months.

The Bill was not produced with disabled people; lots of its content is being removed; there is no impact assessment; and the Bill is not likely to make any real savings. This tells me that the Government should go back to the drawing board, and either withdraw the Bill, or adopt the Lib Dem amendments and new clauses that require proper consultation and impact assessments. Either way, the Government must stop making decisions about disabled people without them.

I thank some Labour Back Benchers for having a backbone and voting against their Government in support of disabled people. I hope they do so again today.

Liam Conlon Portrait Liam Conlon (Beckenham and Penge) (Lab)
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I rise to disagree with Opposition new clause 12, which would indefinitely block the provisions of the Bill. I am speaking today not only as the MP for Beckenham and Penge, but from personal experience, as one of the few Members of this House who has been a recipient of the higher rates of the disability living allowance and mobility allowance, and having relied on a Motability car throughout my teenage years. I will speak to why the provisions in the Bill are so welcome, and to the damage that the Conservative new clause would do to it.

First, this legislation and the wider debate we are having do not exist in a vacuum. The Bill cannot be separated from the impact of more than a decade of savage cuts to our NHS and community care services, which have led to what one NHS manager describes as “medieval” levels of untreated illness. In poorer parts of the country in particular, community care has been decimated, and A&E attendance has almost doubled since 2010. This country now has the lowest life expectancy in western Europe, one of the highest rates of preventable deaths among rich countries, and one of the lowest numbers of neighbourhood nurses and GPs per head among wealthy nations. The dismantling of preventive care has not only brought our NHS to the brink; it has done more than anything else to drive the increase that we are discussing in the number of people who are on health-related benefits and who are disabled. I can speak to that from personal experience.

When I was 13, I had an accident in which I shattered my right hip. It left me unable to walk for four years. I needed nearly 10 major operations on the NHS at the Royal London hospital and the Royal National orthopaedic hospital, and when I was a sixth former, I became one of the youngest people in the country to have a hip replacement. When I had my first hip replacement in the 2000s, under a Labour Government, the average waiting time for a hip replacement in Britain was under nine weeks, although, thanks to the staff at the Royal National orthopaedic hospital, I was seen even quicker. I then received excellent rehabilitation care, with hydrotherapy every other day.

After 14 years of Conservative Government, the waiting list for a hip replacement has trebled from nine weeks to 27 weeks. That is up from two months to more than six months. It is not uncommon in Britain today to wait up to two years for a hip replacement, and rehabilitation services are non-existent.

This situation is replicated for other treatments. The Nuffield Trust notes that there was an increase in waiting times of nearly 300% for respiratory medicine services under the previous Government. The ballooning of NHS waiting lists and the list of people on health-related benefits go hand in hand, so we cannot divorce progress on the issues that we are discussing today from progress on the NHS. We are already seeing great strides forward. Following record investment from this Government, our NHS is on track to achieve a target of 92% of patients waiting no longer than 18 weeks from referral to treatment. There has also been investment in rehabilitation services, such as hydrotherapy, which are essential.

We must also understand this debate in the context of cuts to other community and preventive services, including programmes such as Sure Start. I was very proud to have had the opportunity to work for Tessa Jowell, who created Sure Start under the last Labour Government. Tessa understood the importance of a child’s first 1,000 days, and designed Sure Start as an early intervention programme, which had a significant and positive impact on the long-term outcomes for hundreds of thousands of families and children in this country. The programme was savagely cut by the previous Government in one of the most short-sighted and cruel things that they did over 14 years. That has led to increased hospital admissions. Evidence shows that young people who had access to Sure Start were more likely to be in very good or excellent health.

Alongside this investment and the great progress that this Government are making on health, we also need to reform the DWP and the systems around health-related benefits in this country. That is why opposing new clause 12 is so important today.

I want to touch on what happens when a person has had medical treatment and is looking to get back into the world of work, and also on the right to try, which is in the Bill. In essence, the Bill says that trying work will not trigger a PIP award review or work capability assessment. The importance of this is borne out in research by the Joseph Rowntree Foundation, published in November last year, which said that almost three quarters of work-related disability benefit claimants whom it surveyed cited a fear of losing benefits as a significant or very significant barrier to work.

The right to try matters, because people with a disability or a significant health condition often will not know what they are capable of doing until they have tried to do it. They may not know what adjustments they will need to get back to work. Eight years ago, I was told that I would need a series of operations on my ankle and knee, followed by a second hip replacement—a revision to the one that I had received a decade earlier. After this, I optimistically thought that I would be able to return to work five days a week in the office as soon as I could walk unaided. I was not able to do so; it would take several months for me to do that again. I was fortunate that I had been with my employer for several years, and I had six months’ unpaid leave, which allowed me to try and initially fail to get back to work. However, for anyone relying on support from the DWP today, the reality is often very different.

We have a perverse and inflexible system in this country, which has been designed to penalise and issue sanctions, rather than incentivise and provide support. It is a broken welfare system, designed by the previous Government, that is failing people. It traps people by telling them that the only way to get help is to declare that they will never work again. It creates a climate of fear—a fear that if they try to work, they will lose their support. This Government are absolutely right to challenge and reform the system, and I am fully behind them doing so. If implemented well, the right to try will make a really big difference to getting people back to work, and will go some way to dismantling the fear that surrounds the DWP for disabled people. It is a positive measure that will empower disabled people, rather than patronise or infantilise them. It has been campaigned on for decades. It is long overdue, so I am pleased to see it in the Bill.

Finally, I wish to touch on co-production. I am pleased to see it in the Bill, but new clause 12 would block it. Co-production brings people together. It leads to policy that is more person-centred and effective, and outcomes that are more equitable and sustainable. It is not only essential in all conversations about disability policy, but particularly important when legislation passes through a Chamber like this one, which so starkly under-represents the voices and lived experiences of disabled people.

Although disabled people make up 20% of the population, only 2% of MPs are disabled. I think everyone in this Chamber has received an A1 print-out of an election map. I have one in my office. The top right-hand corner of that poster lists the women, ethnic minority, and LGBT MPs, but it has never been lost on me that there are no disabled MPs included.

Disabled people are a marginalised minority who are so often overlooked in every corner of public life. As we look to reform our welfare system and the institutions across society, I hope we will stick true to the principle of co-production so that services and policies are designed and implemented in a way that empowers disabled people and meets their real needs.

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Stella Creasy Portrait Ms Creasy
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At Committee stage, we often table amendments to try to understand the nature of the legislation. Many questions are being put forward in this concertinaed process. The first is whether we should make policy by phone-in rather than on an evidence base. That is the only justification I can see for new clause 12 tabled by the Opposition, who appear not to understand that no recourse to public funds guides the lives of many migrants in our community. It contains a fundamentally un-British perspective on people who come here and work for many years in our national health service, and who then have a stroke or perhaps develop MS. Under the Opposition’s proposals, we would deny such people the support they have paid into as taxpayers. It is a dog whistle so loud that I fear the dogs in Battersea right now are having a terrible time. We should not make policy by phone-in but by evidence, and I pay tribute to the incredible words of my hon. Friends the Members for South West Norfolk (Terry Jermy) and for Beckenham and Penge (Liam Conlon), who bring their own experiences to this debate.

I will speak to new clause 4, which I tabled, as well as to other amendments. Those amendments come from my experience of what makes good policymaking in this place and from my concern that we need to protect our constituents from the vagaries of public policy. I think in particular of a 62-year-old constituent of mine who is physically disabled with a mobility condition called ankylosing spondylitis—I will tell Hansard how to spell that. She works full time and lives alone in a rented flat that has been adapted for her. Removing, messing around with and playing with her benefits—as this Bill would do for millions of people around this country—will not save money; it will simply cost more. My constituent would struggle to get to work and to look after herself, which she can do using the welfare support that she gets under the current system. That means we will face higher costs in the long run.

I wish that Members would learn from the evidence on the bedroom tax. The bedroom tax was brought in under the same metric that we heard from the right hon. Member for Beverley and Holderness (Graham Stuart), who is no longer here—that somehow people who are supported by our welfare system are probably making it up. This is not a moral argument I am making; the bedroom tax did not save the money it was meant to save, because it just pushed costs into other parts of the public sector. That is why it is so important that agree to new clause 4 and weave the principles of the UN convention on the rights of persons with disabilities into this legislation. It should be guided by principle not prejudice—in particular the principle that we should respect our fellow human beings and our constituents who have a disability.

New clause 4 covers the question of co-production, and on this point I am sorry that my hon. Friend the Member for Penistone and Stocksbridge (Dr Tidball) is not in her place. I want to come back to that question, because there is a very important principle about co-production that we have not bottomed out, and I want to hear from the Minister about it. There is a simple premise that we signed up to in the UN convention, which I hope Members across the House would support, that there should be an adequate standard of living—that is identified in article 28. Crucially, article 19 also sets out that there should be an independent living process for our disabled constituents. That is why in 2017, 2024 and indeed 2025, when the UN criticised the previous Government, we rightly held them to account for it. What do we wish for our disabled constituents, if not an independent and equal standard of living? What do we wish for them, if not the basic human right to be treated equally? We must recognise that the world we live in does not work for them, and we must account for that through our welfare system so that they can live freely and, yes, play a part in the world of work while also living with dignity.

It is about very practical things, such as the freedom that comes from someone having a carer who helps them get dressed so that they can go to work. That is supported by our welfare system. It is also about travel costs, especially for those living in my constituency, where Transport for London seems to be hellbent on breaking down all of the stations so that they are not accessible. Covering those costs means that someone can go out to see family and friends. There is also the food that someone might need if they have a condition like phenylketonuria—a metabolic condition that means a person needs a low protein diet. These are not equal experiences, but by using our welfare state to support those people, we can have ensure that they have the human rights we wish them to have.

New clause 4 is about giving due regard to the principles set out in the UN charter so that benefits are calculated in a way that means they are sufficient to allow people to live a life of freedom equally alongside their fellow human beings. The payments we make must meet those tests so that disabled people in our communities can meet their living expenses. That is a question that many hard-working people who are struggling at the moment in their lives can recognise well.

It is about levelling the playing field. It is not, as the right hon. Member for Beverley and Holderness said, about making fools of us all. Those are principles that I hope the Government will commit to weaving throughout the legislation. That is why new clause 4 matters: it goes beyond the principle of co-production, which I know the Minister has recognised, to the basic principle of how we treat people. That would apply to the universal credit health element of the Bill. If we restricted a benefit, it would call on us to ask why we consider somebody to need X amount at this point in time but Y amount in the future, and to ask whether that will live up to the required standard of living.

I want to touch on co-production in particular. Many have talked about it, but people do not necessarily understand what it means. It is not consultation. Co-production means that whoever is included can say no as well as yes. Without a power of veto, all we have is a better managed consultation. Co-production genuinely empowers every participant to shape things, because they can walk out of the room as well as being part of it.

The Minister has talked about seeking consensus, but it is not an equal relationship if disabled people are not given the clear power to veto what is put on the table, such that the Government have to work with them so that they do not use their veto. That is the principle of co-production—that is why it is not consultation—and that is what we should be seeking.

I have much sympathy for new clause 8—I am sorry that my right hon. Friend the Member for Hayes and Harlington (John McDonnell) is not in his place—because I was here in 2015 when George Osborne used statutory instruments to slash the tax credits that our constituents relied on and 3 million people were pushed further into poverty. I was also here when MPs on both sides of the House expressed frustration about the use of that process. We had to watch the House of Lords clear up our mess and stand up to the Chancellor for using delegated legislation to take £1,300 away from our constituents. I hope the Minister will understand that this is not about this individual Bill or even about his good intentions; I know that he has engaged with all of us. It is about the principle that if we are to change the law, we should be able to amend and adjust that law and scrutinise it on behalf of our constituents.

My hon. Friend the Member for Sheffield Hallam (Olivia Blake) set out many alternative ways in which we could switch spending to invest in order to save money in the long run. There are many different ways in which we can support our economy to grow; it does not have to be off the backs of our disabled constituents. There is also the important principle here—I know many on the Labour Benches believe this—that socialism is the language of priorities. Our priority must be to empower and enable every single one of our constituents to achieve their potential—and yes, that happens through a growing economy, and also through a welfare state.

I hope that the Minister will address the amendments that seek to ask questions about how we get this right. For many of us those unanswered questions are troubling —we cannot bring back answers for our constituents—because they tell us that we may not achieve those things that I have set out. None of us who have lived through George Osborne and the bedroom tax ever want to go back to that again. We want to be able to say to our constituents, who might find themselves in the position of the father of my hon. Friend the Member for South West Norfolk, that we can absolutely be proud of the system we are building today, just as we are proud of my hon. Friend himself.

Alison Hume Portrait Alison Hume (Scarborough and Whitby) (Lab)
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I rise to speak in support of new clause 11 and amendment 38. I am incredibly relieved that the Government have listened—most importantly, they have listened to the people who will be affected by changes to PIP—and taken clause 5 out of the Bill. The terms of reference for the Timms review have already been set without involving disabled people, but there is a chance with new clause 11 to ensure that it moves forward in a truly co-produced way. What worries me is that without the proposals in the new clause, the Bill highlights the need for co-production but provides no assurances that it will be comprehensively done. Disabled people must feel that any changes to the welfare system are made properly with them rather than done to them.

I have walked in the shoes of families in my constituency bringing up children with special educational needs and disabilities. For decades, my son and I have been caught up in the endless cycle of assessments, mandatory reconsiderations and tribunals. That is a situation familiar to many who have turned to the DWP for help to manage life with a disability or disabilities.

This is the reason that so many disabled people are terrified of the Government’s proposed changes: the DWP is too frequently at war with the people it is supposed to protect. Too frequently, it lets down the most vulnerable in our community, and it mostly gets away with it. Recently, the incredible Joy Dove won an eight-year legal fight to link her daughter Jodey Whiting’s suicide to the stopping of her benefits, which the DWP admitted was a mistake. Jodey’s avoidable death is not the only one.

DWP decisions often seem to be completely arbitrary. Once, when I was waiting to go into a tribunal, I received a call from the DWP offering to reinstate my son’s benefits if I dropped the tribunal. That experience cemented in my mind something that I believe to this day: the culture of the DWP is hostile to disabled people. That culture must change if we are to have any chance of building a sustainable, fair and compassionate welfare system for the future.

A constituent of mine in Scarborough and Whitby suffers from a variety of complex physical and mental health conditions, including PTSD, attention deficit hyperactivity disorder, anxiety disorder, polycystic kidney disease and liver disease. In May, after reporting a deterioration in his health, he submitted new evidence to support reassessment for a higher rate of PIP, which led to the DWP removing his award entirely. He was left with no income or support despite his ongoing need for care.

This is the reality: many disabled people who are turned down for PIP rely on the health element of universal credit. Many of my constituents have fluctuating conditions, such as MS, ME and mental health conditions. The reality of their conditions means that during periods of remission they return to employment. However, once their condition deteriorates, they return to universal credit. If that happens, with this Bill they would return on a lower level than before, down to just £50 a week. That completely ignores the realities faced by disabled people and their experience of their conditions. Without the protections provided for in amendment 38, we would create a two-tier system where people with unpredictable conditions would be valued less than those with more predictable ones.

I urge hon. Members to support new clause 11 and amendment 38. I also ask the Government to please pull the Bill. Even at this late stage, let us get it right for the people who really matter; let us get it right for disabled people.

Cat Eccles Portrait Cat Eccles (Stourbridge) (Lab)
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I rise to speak in favour of a variety of amendments, which I will mention as I go. In the life of an MP, not a day goes by without hearing from a constituent with an issue relating to benefits or health. We can all think of the people we have met who have suffered badly after 14 years of austerity imposed by the Conservative party. Our sick, disabled and vulnerable were left trapped in a doom loop, living hand to mouth and battling worsening mental health, while fighting a broken system that fails far too many.

I doubt many hon. Members in this Chamber have personal experience of the cruel welfare system. I do. I first became ill at work with Wolff-Parkinson-White syndrome, which is a heart condition. Not long after, I suffered a pulmonary embolism and almost lost my life. That was followed by a total mental breakdown. Punitive sickness policies meant I was soon being managed out of the job I loved so much by human resources, which refused to acknowledge the recommendations of occupational health.

I was in receipt of universal credit for about a year, receiving £690 a month, but that did not even cover my rent and bills, and I was at risk of losing my rented home. Thankfully, I had friends and family to support me, but not everyone is that fortunate. My confidence plummeted, and the feelings of failure, rejection and uselessness at not being able to sustain myself were all-consuming. Nobody chooses this life. In fact, just yesterday the United Nations wrote to the Government stating that the rhetoric, language and false statements used when discussing welfare is damaging, as well as raising concerns about human rights violations.

16:30
I am pleased that clause 5 was pulled from the Bill, but it is still totally unclear what will happen with PIP and when, and more importantly, when MPs will be able to scrutinise and debate the proposals. Will there be a vote following the Timms review? It is imperative that Members have oversight of the outcome of the review before any implementation. Failure to do so could lead to measures being pursued that many Members have been opposed to all along. For these reasons, I am supporting new clause 8 in the name of my right hon. Friend the Member for Hayes and Harlington (John McDonnell) and new clause 11 from my hon. Friend the Member for Penistone and Stocksbridge (Dr Tidball).
I am also glad that the Government are scrapping the proposed freeze to the universal credit health element. However, it will remain for future claimants, potentially deepening poverty for tens of thousands of people and creating another two-tier system. The severe conditions criterion is welcome, but it does not include fluctuating conditions such as Parkinson’s, MS or ME, and nor does it cover cancer. For those reasons, I will be supporting amendment 38 in the name of my hon. Friend the Member for York Central (Rachael Maskell), amendment 17 in the name of my hon. Friend the Member for Dunfermline and Dollar (Graeme Downie), amendment 44 in the name of my hon. Friend the Member for Isle of Wight West (Mr Quigley) and amendment 2(a) in the name of my hon. Friend the Member for Leeds East (Richard Burgon).
In my constituency of Stourbridge, many people have thanked me over the past few days for voting against this flawed Bill last week—not just disabled people and their families and carers, but charity workers, work coaches, nurses and local authority staff. Nobody supports this Bill: not deaf and disabled people’s groups; not charities; and not health organisations. Not even the United Nations supports it. Let me be clear: the system needs reform and none of us disagrees that it needs to change. Labour campaigned on that promise in our manifesto, and I was proud to tell voters on the doorstep that we would be fixing social security and making it easier for people to claim, but the Bill before us does not do that.
Colleagues, it does not have to be this way. There are alternatives. In fact, on social media this week my hon. Friend the Member for Nottingham East (Nadia Whittome) listed no fewer than 10 options to raise funds, and my hon. Friend the Member for Sheffield Hallam (Olivia Blake) has raised more such points in her speech today. I will offer some more. As per amendment 37, tabled in my name, we should stop outsourcing health assessments to five private profit-making companies. Seven in 10 assessments are going to mandatory reconsideration and tribunal at the DWP’s expense. There is a lack of cohesive strategy, with assessments being carried out by all manner of staff with wildly varying experiences and backgrounds. Although that amendment has not been selected for decision, I am grateful to the Minister for recognising the need to have this discussion about how we can do things better.
With the NHS 10-year plan launched, I want to see the DWP working closely with the Department of Health to utilise digital technology to link health records with DWP records and reduce the burden on applicants to provide evidence of their illnesses. Let’s deploy mental health taskforces to drive down waiting lists. Many people on long-term sick leave are awaiting mental health treatment or diagnosis. The Secretary of State for Health set up a taskforce for elective waiting lists at my local hospital trust, and it has been hugely successful in reducing waiting times. Let’s apply the same strategy to mental health.
Going back to the United Nations briefly, the UK still has not met UN obligations to tackle offshore tax evasion, losing billions for the Exchequer every single year. Millions of pounds of covid fraud have still not been recouped, and let’s not forget that His Majesty’s Revenue and Customs wrote off £5 billion in unpaid tax last year. There are plenty of options to make savings. We just need the will to do it.
I will end by telling the House about a friend I bumped into just last weekend. My friend Harry was walking with a crutch and told me he had recently been hit by a car, fracturing his ankle, neck and skull and herniating a disc in his back. When his head was scanned at the hospital, doctors discovered a brain tumour, which has now been removed. Harry is still waiting for the results of that surgery, but is struggling with his memory and speech, as well as recovering from his injuries. Seeing Harry reminded me that this could happen to any one of us at any time.
This Bill affects everyone. One in three of us will become disabled at some point in our lifetime, and while some may not need the system, many will. I want it to be there for my family, friends and constituents to ensure that no one is left in poverty. Seventy-five per cent. of universal credit health claimants experience material deprivation and already live deep in poverty. I did not come here to make people worse off, and that is why I still cannot support this Bill today.
Deirdre Costigan Portrait Deirdre Costigan (Ealing Southall) (Lab)
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I will speak to the Government amendments and against some other amendments. Before I was elected, I worked for the trade union Unison where I was the national officer for disability equality. In that job, I saw every day how disabled people who love their jobs are often pushed out of the workplace by employers who refuse to make the small changes that would help them to thrive at work.

Through the Mayfield review, this Labour Government are seizing the opportunity to finally make the workplace more accessible for disabled people. The Employment Rights Bill will bring in flexible working, allowing disabled workers to perhaps start a little later in the morning when tablets have kicked in or to work from home to avoid the painful morning rush hour. Alongside that, I have also introduced my own Bill for a deadline for employer responses to reasonable adjustment requests from disabled workers. We are transforming the workplace for disabled people, and Labour is also making work pay. No longer will it be a choice between benefits and a bargain basement job. We have increased wages for 3 million low-paid workers, committed to introducing mandatory disability pay gap monitoring and delivered the biggest upgrade to workers’ rights in a generation.

Government new clause 1 and associated amendments will ensure that for those who cannot work, their universal credit health benefit will increase in line with inflation. The Bill ends the absolute indignity of constant reassessments for those with severe conditions. Almost 15,000 families in Ealing Southall will also see the basic rate of universal credit increase by a record amount, lifting thousands of children out of poverty across the country. New clause 12 would rob those 15,000 families of that money—it must be rejected.

It cannot be right that almost 3 million people are off work long-term sick, 1 million young people are not earning or learning, and a thousand people a day are applying for PIP. We are an outlier internationally. No other country in the world sees the same massive increase in people on sickness-related benefits. It is unique to this country, and we do no favours to people with long-term conditions by ignoring it. The Tories created this broken system where people are better off on sickness benefits than in work and there is no help for those who want a job. Everyone knows the system needs reform, but amendments 2(a), amendment 2(b) from the Chair of the Select Committee my hon. Friend the Member for Oldham East and Saddleworth (Debbie Abrahams), Conservative amendments 50 to 55, and new clause 12 would continue to put reform on the long finger and delay change.

Last August, after 14 years of the Tories, when I visited west Ealing jobcentre and asked who I could speak to if I was a disabled person who needed a job that would work around my needs, I was told there was no one—no one at all. That is why we need change now. Under Labour, west London is one of the 14 Get Britain Working trailblazers across the country. People on long-term sickness benefits with back pain and other musculoskeletal conditions, which are the second biggest reason why people claim health-related benefits, have been contacted and asked if they want help to get a job, and hundreds have replied that they do. They have been sat there waiting for us to contact them. Those people were ignored by the previous Government—people who wanted to work but were left on the scrapheap.

Some £8 million from the Government is helping west Londoners into work. The Bill is part of a much bigger £1 billion plan to extend that to every jobcentre and to every disabled person who wants a good job. The new right to try will build a more flexible benefits system that does not force people to put themselves in a box, locked out of work for ever, but allows them to try work without losing benefits.

I am glad that the Government have ensured that no one on PIP will lose it, and that they will co-produce the PIP review with disabled people—it has been over a decade since the PIP system was last reviewed, and since then we have learned more about the impact of mental health conditions and fluctuating conditions—but true co-production means letting the review go ahead without this House trying to control it, so we must reject the rigidness of new clauses 8 and 11 in favour of true co-production.

Disabled people were let down again and again by the previous Government. Labour is finally delivering equality for disabled workers while fixing the broken system that forces almost 3 million people to languish on long-term sickness benefits without help. If colleagues across the House genuinely want reform that builds a better, more flexible benefits system that makes work pay, takes 50,000 children out of poverty and properly supports disabled people who cannot work, they must do more than just talk about it; they must vote for the Bill and get on with the job of changing Britain for the better.

Andy McDonald Portrait Andy McDonald (Middlesbrough and Thornaby East) (Lab)
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I rise to speak in support of new clauses 8 and 11, amendment 38 and the Bill more broadly. This informed debate has been conducted respectfully. Throughout the entire process, it has been illuminating to hear from so many Members with such in-depth personal, familial and professional experience. I urge those on the Government Front Bench to look upon such Members from across the House as a resource, because they speak with great authority. I mention in particular the speeches by my hon. Friends the Members for Stourbridge (Cat Eccles), for South West Norfolk (Terry Jermy) and for Beckenham and Penge (Liam Conlon), which were so informative.

May I correct one earlier comment? We heard from one Opposition Member that “no recourse to public funds” means “recourse to public funds.” Well, the clue is in the descriptor. I know that Boris Johnson struggled with that, but “no recourse to public funds” means exactly what it says.

I wish to speak about the impact were the House to pass amendment 2. I recognise that the amendment adopts some of the previously announced concessions and somewhat limits the damage of clause 2. But let me be clear: even with the amendment, the clause is not acceptable. The Bill is not welfare reform; it is a cut—deliberate, far-reaching and deeply damaging. Even after amendments, clause 2 will remove £2 billion from disabled people in the years ahead. Three quarters of those affected are already in material deprivation. Around 750,000 individuals—people who are too ill to work—stand to lose an average of £3,000 a year. Members must consider today which constituents whose doors they knock on will find themselves £3,000 a year worse off. The weekly top-up for those too unwell to work, which is currently £97, will fall to £50 for new applicants—the same condition and need as current claimants, but half the support. That is not fairness; it is the creation of a two-tier welfare system. We are not talking about abstractions; we are talking about people who cannot walk 50 metres, or who need constant supervision, or who cannot operate a keypad unaided. They currently receive £423 per month. Soon, some could receive as little as £217 per month. That is not a budget decision; it is a moral one.

16:45
The direction is clear, and it is backwards. Ministers claim that by 2030 the Bill could lift 50,000 people out of poverty, but respected economists and think-tanks have called that projection misleading. It is based not on current law but on hypothetical Tory policies that never materialised. How on earth can we claim credit for something that the Conservative party did not implement? It does not stand up. Spin will not shield the Government from the consequences because, as we know, perhaps half a million future claimants living in material deprivation must be prepared to live on less, depending on how we vote today.
The delay to PIP cuts is welcome, but the same delay must apply to universal credit. Why rush to take from those who are too unwell to work without fully understanding the consequences? Why, again, are disabled people being excluded from the conversation? We have heard the most eloquent contributions about the true nature of co-production, and we must caution against a process whereby people’s opinions are heard and listened to, and then blithely ignored. If we are to embrace that, there are amendments and new clauses that we should embrace. I note that the UN committee on the rights of persons with disabilities has written to the Government and urged that welfare reform must not
“disproportionately, or adversely, affect the rights of persons with disabilities to independent living.”
I think we have to pause and take on the enormity of that intervention from the United Nations.
We have been told by Scope, Z2K, the MS Society, and more, that the Bill fails to take account for disabilities if they are progressive or fluctuating. That is why I support amendment 38, tabled by my hon. Friend the Member for York Central (Rachael Maskell), and similar amendments. I heard the Minister come to the Dispatch Box and give us some assurances about notes for guidance, but I respectfully point out to him, as a true trade unionist would say, that the words are the words, and the schedule to the Bill makes it abundantly clear that the descriptors have to apply “constantly” and will do so for the rest of the claimant’s life, including for a specific mental illness that the claimant will have for the rest of his or her life.
We hear a great deal about encouraging people to try work—that is not in the Bill, but it is in the regulations. That is laudable. I implore the Minister to think this through. If the Bill remains as written, it will discourage people from taking up that opportunity. To prevent that, we should endorse and embrace the amendment tabled by my hon. Friend the Member for York Central. A Government who claim to care about fairness cannot proceed like this.
Freddie van Mierlo Portrait Freddie van Mierlo (Henley and Thame) (LD)
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One amendment tabled by the Conservatives seeks to strip foreign nationals of the right to claim benefits. That could mean that some people are left with no support whatsoever, which could include my father, who has been in this country for 40 years and paid into the system. The amendment tabled by the Conservatives is absolutely despicable, and I invite the hon. Member to join me in agreeing with that statement.

Andy McDonald Portrait Andy McDonald
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The hon. Member makes a powerful point. We have to raise our heads and look at our brothers and sisters, who are actively and economically engaged in our country, and think about the contribution they make and the payments they make into the Treasury, through tax and national insurance. We must treat them with dignity and respect, rather than trying to other them at every opportunity.

Simon Hoare Portrait Simon Hoare (North Dorset) (Con)
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The hon. Member makes an incredibly powerful and telling point about the disincentive of trying to get into work for people who have a varying and fluctuating condition, such as MS. That is an unanswerable point and I will listen with interest to what the Minister has to say in response. Does he agree with me that in conversations that the Minister has with what we are too lazily inclined to refer to as “the disabled community”, unless we are able to break down disabled groups into those who have a permanent condition and those who have a fluctuating condition, and to individually tailor responses to that, it will be a missed opportunity to get this right?

Andy McDonald Portrait Andy McDonald
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The hon. Member makes an important point, and it is critical that that is reflected on the face of the Bill. With all sincerity, we cannot walk away from here thinking that guidance notes are enough. They may change fundamentally in further iterations and say something completely different from what this honourable and decent Minister is saying to us today. Policy for disabled people must be made with them, not imposed upon them.

If we are serious about ending austerity, we cannot keep balancing the books on the backs of the poorest. That means revisiting not just what we spend, but who we tax and how. We have heard about the party of millionaires making their case that this country has done so well by them—they are so privileged to have made a success of their lives and to have flourished—that they are looking at the opportunities they were given and saying, “Please, we can make a further contribution.” It is they who made the argument about a wealth tax that would raise £24 billion. Nigel Lawson, when he was Chancellor, thought that the differential between capital gains tax and income tax was an anathema, and he equalised it, so there are opportunities for us there.

The Employment Rights Bill also presents us with wonderful opportunities. If we could grasp the issue of “single status of worker” and deal with the issue of bogus self-employment, limb (b) employment, zero-hours contracts and the rest of it, that not only represents secure, well-paid, unionised work for people to give them a flourishing life; it also gives us the opportunity to collect currently uncollected tax and national insurance, to the tune of £10 billion per annum. That would also mean supporting people according to their needs. That is not Marx, but the Acts of the Apostles.

This is a moment of reckoning. The country expects better. If we are to lose our nerve now, we will lose more than a vote: we will lose the trust that brought us here. We must reflect that during our discussions about the Bill, each and every one of us has heard the response from our constituents and our offices that this has been a shambles—there is no other word to describe it. Now is the moment to stop the cuts and I implore the Government to rethink the Bill.

Nadia Whittome Portrait Nadia Whittome (Nottingham East) (Lab)
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I rise to support my new clause 10, as well as a number of other amendments tabled by my right hon. and hon. Friends, including new clause 8, new clause 11 and amendment 38.

I welcome the concessions that the Government have made to the Bill, which I will be supporting. I pay tribute to the disabled and chronically ill people whose tireless campaigning led to those concessions—I have been proud to stand with them. However, the changes do not alleviate all my concerns about the Bill. One in three disabled people are already in poverty. The Bill, even after the Government’s amendments, would take around £3,000 a year from the disabled people of the future, at a time when the extra cost of being disabled is set to rise by 12% in the next five years.

The Government’s analysis states that the measures in the Bill will lift 50,000 people out of poverty. However, analysis from the Joseph Rowntree Foundation and the New Economics Foundation shows that they would actually push 50,000 disabled people into poverty. We know that benefit cuts and loss of payments help to trap women experiencing domestic abuse, make children grow up in poverty and even cost lives, like that of my constituent Philippa Day, who died from a deliberate overdose after her benefits were wrongly cut.

This is particularly pertinent to those with fluctuating conditions, who risk losing LCWRA status during periods of temporary improvement. That is why amendment 38 is so vital, as it would ensure that they are protected. Even with the Government’s concessions, not a single disabled people’s organisation supports this Bill. It is at the request of the disabled people’s organisations forum in England that I have tabled new clause 10, which would require the Government to publish a human rights memorandum before the Bill can be enacted.

No analysis of the impact of the Bill on the human rights of disabled people has been published so far. Last year, the UN found that there had been further regression in the “grave and systemic violations” of disabled people’s rights in the UK, which it reported on in 2016. Last night, the UN wrote to the Government to say that it had “received credible information” indicating that the Bill will “deepen” that regression. We should not proceed with the Bill as it stands.

Disabled people’s organisations remain sceptical about the Timms review into PIP. I am hopeful that the Government will support the amendment tabled by my hon. Friend the Member for Penistone and Stocksbridge (Dr Tidball), which would make provision for commitments around co-production and oversight. They must also support new clause 8, which would ensure that changes from the Timms review are introduced as primary legislation. That is essential in ensuring democratic scrutiny—otherwise, MPs will not be able to amend or vote on the legislation. It would also prevent a reduction in eligibility for PIP, which we know would be disastrous and which motivated so many of us on the Government Benches to call on the Government to think again.

I joined the Labour party because of what I experienced and witnessed growing up as a child and a teenager under the Conservatives. As a disabled MP, I have first-hand experience of the disability benefits system. We have all met constituents who are already not getting the support they need. The question today is this: do we let their number grow? If the answer is no, I urge Members to support the amendments that would strengthen protections for disabled people and, ultimately, to vote down this Bill.

Neil Duncan-Jordan Portrait Neil Duncan-Jordan (Poole) (Lab)
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I rise to call for the removal of clauses 2 and 3 from the Bill, because I think they get to the heart of the unfairness contained within it.

There can be no doubt for those of us who were here last week that trust was eroded between the Government and disabled people’s organisations—that trust will need to be slowly rebuilt over the coming months. We should therefore recognise that a positive step in that direction is the Government’s decision to pause on the issue of PIP reform and to place those decisions in the hands of the Timms review. However, that is not enough, because the Bill still contains a proposal to cut £2 billion from the universal credit health element for more than 750,000 future claimants.

From next April, we will have created a two-tier benefits system based not on health needs, but on the date when a claim was made. In fact, there are already nearly 4.8 million disabled people living in poverty today across the country. That is a damning indictment of our welfare system and should be a wake-up call to bring that number down, not to make it go even higher.

The numbers are stark. Taking £3,000 a year, or £250 a month, from disabled people’s income will force families to a crisis point and into further reliance on food banks. The Joseph Rowntree Foundation claims that if the cuts are not removed, an additional 50,000 people will be forced into poverty. Even before this cut, three quarters of all universal credit health element recipients are already experiencing material deprivation and are unable to afford the essentials on which to live. If we are serious about genuinely reforming the benefits system and putting disabled people and their organisations at the heart of any changes, I cannot see why the health element of universal credit would not also be part of the Timms review.

11:30
If we are honest, it is not good practice, as we saw last week, to make long-term social policy in a rush or in a vacuum. All parts of the benefits system, including the universal credit health element, need to be considered. Without that, we do not have a complete picture of the system or the challenges that disabled people face. One of the fears of disabled people’s organisations is that the funding envelope for reform is still the same, and the Timms review will simply look at different ways to achieve the same financial ends. Can the Minister clarify whether the review starts with a target for how much money it must save, or whether this is a genuine attempt to redesign the system so that it benefits everyone, even if it ends up costing more?
Ian Lavery Portrait Ian Lavery
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Is my hon. Friend aware that 25% of those claiming the health element of universal credit used a food bank last year, or that a third of those who claim it could not afford to heat their homes last year?

Neil Duncan-Jordan Portrait Neil Duncan-Jordan
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That intervention is further evidence that our welfare system is not working. I understand that some Members may consider voting for this Bill tonight because of the proposed uplift to the standard rate of universal credit. Disabled groups that I have met are clear that that is not worth having if it is to be done at the expense of other disabled people further down the line. Members will have seen the letter yesterday from the UN committee on the rights of persons with disabilities, which has raised serious concerns that the Bill will deepen the signs of regression in disabled people’s human rights. The answer therefore remains that clauses 2 and 3 of the Bill need to be removed. We should allow the Timms review to look at all aspects of the benefits system and report back next year. That is what disabled people and their organisations want, and that is what I will vote for.

Lizzi Collinge Portrait Lizzi Collinge (Morecambe and Lunesdale) (Lab)
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Last week, I voted against the Government because I was not happy with the proposals on the table. When the Bill was initially put forward, I was particularly concerned about the proposed changes to PIP eligibility criteria, which in my view were arbitrary and risked taking support from those who need it most. I am glad to say that the Government have listened and acted.

As a result of Government amendment 4, which will remove changes to PIP eligibility, alongside making other positive changes, I can now—carefully and with reservations—support the Bill as amended. The removal of changes to PIP eligibility criteria from this Bill protects carers and prevents the consequential loss of carer’s allowance. As a former carer, that is important to me.

I have put a lot of thought into this issue over the preceding weeks. I have listened to my constituents, and I have been thinking about what is important to them. Not only have the amendments removed the changes to PIP that I was worried about, but the Bill will now include vital increases to the basic level of universal credit. I do not feel able to vote against that today.

We inherited a heck of a mess from the last Conservative Government, and I do not think anyone disagrees that there is a need for change. We need a system that is well designed, that works, and that is fair to both claimants and other taxpayers, so I welcome the ministerial review of the PIP assessment. Co-production with disabled people and the organisations that represent them is particularly welcome. Conducting a thorough review in genuine co-production, leading to well-thought-out proposals for reform, is the right thing to do.

Simon Hoare Portrait Simon Hoare
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With the greatest respect, the hon. Lady is putting the cart before the horse, as are the Government. You do your review first, you find out what it says, and you tailor your policies and your response to it. Is that not the best way of making policy? This half-baked idea satisfies no one.

Lizzi Collinge Portrait Lizzi Collinge
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I think the hon. Gentleman has missed the bit where the Government are taking out clause 5 and the measures on the PIP eligibility criteria, and are doing the review first, but I thank him for his intervention.

I will hold the Government to account for their promises about the review. I also endorse the comments of my hon. Friend the Member for Penistone and Stocksbridge (Dr Tidball), and support her new clause 11.

This debate has involved a huge raft of different issues, and they have been conflated at times, so before I talk about the other changes that I support, I want to emphasise that PIP is not just an out-of-work benefit. It is claimed by people both in and out of work, and it is there to help with the extra costs associated with disabilities and long-term conditions. However, there is also a huge disability employment gap, and a great many people who want to work cannot, simply for lack of a bit of support—some health treatment, or an employer who will make reasonable adjustments. I am therefore pleased that plans for employment support have been brought forward, and that there will be extra investment earlier.

I should make it clear that my concerns always focused on a small part of the broader reform package, but for reasons of time, I will not go into them. These are vital steps towards fixing the system. I will not say that I have no concerns left—I have, which is why I support amendment 17, tabled by my hon. Friend the Member for Dunfermline and Dollar (Graeme Downie)—but no policy or solution will be perfect. No Green Paper can address everything, and no legislation can get everything right.

In these past few weeks, I have been reminded of something that my friend Joe once said to me: “Politics is not a game to be played. It’s people’s lives, and people’s lives matter.” No wonder our constituents have so little faith in our political system, when what should have been a debate about the rights and wrongs of a policy and about the lives of those constituents has turned into a debate about the Westminster bubble, not the people we serve. The Westminster bubble ought to be popped, and quickly.

The views of the House have been made clear over the last couple of weeks, and I am glad that the Government have listened. I will always speak out, as I know my colleagues will, without fear or favour, and we will always fight for a better, fairer welfare system for everyone.

Andrew Pakes Portrait Andrew Pakes (Peterborough) (Lab)
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I rise to support the removal of clause 5 and the associated amendments, and to comment on a few other amendments, based on what I have read and learned.

Many things have been said in this debate, in the Chamber and outside, but it is undeniable that the system is not working for far too many people. We see a welfare bill rising, people trapped on benefits, and opportunities lost. The most heartbreaking part of all this is not the monetary cost, which we seem to talk about too much, but the cost to people of being written off, and spending a lifetime in a failed, broken system. We all hear stories every week, through our casework and in our surgeries, of people who want to work but do not have the necessary support; of the intrusive nature of assessments; of bureaucracy that needs a human touch; of people fearing to try work for fear of losing their benefits; and of disabled people who need more support.

One of my hon. Friends, who is no longer in the Chamber, spoke about the broken social contract. While we approach this debate, and this subject, with the compassion and care that are needed, we should also be clear that the social contract is already broken. There is nothing honourable about denying or slowing down action to tackle the problem of 2.8 million people being thrown on the scrapheap for being sick, or long-term sick. There is nothing to cherish from the Conservatives, who left this Government a legacy of nearly 1 million young people thrown on the scrapheap, not in employment, not in education and not in any meaningful walk of life. No one can say that the system is not broken, and that is the spirit in which many of us in this Chamber have sought, from different perspectives, to approach this legislation. I want to speak against amendments that seek to delay or wreck this Bill, because whatever happens next, we need to get going.

One of the criticisms of this Government that I sometimes hear is that we do not move fast enough. Now that we have started to fix our broken welfare system, we are being told by some that we are going too fast. I think we can move forward with a Bill that begins to fix the foundations of our welfare system, and do so with compassion for those most in need, and I welcome contributions that we have heard today. I also welcome the fact that Ministers have listened to our concerns about the Bill and decided last week to remove clause 5, because it caused anxiety not just to Members of this House, but to many people outside who saw the risk.

Bringing the Timms review forward before any changes are made, and committing to fully involving disabled people and their organisations, is the right thing to do; the Government have listened. I recognise many of the points made in passionate speeches, and I support new clause 11, tabled by my hon. Friend the Member for Penistone and Stocksbridge (Dr Tidball). I hope the Minister will address that, and assure the House that the sentiment has been taken on board, because the new clause will make the Bill better, not worse, and clear the fog.

It is important that we push ahead with this Bill. As colleagues have said, work is central to Labour’s mission, because dignity comes from good work and from employers who embrace their employees and give people the ability to work. There is no dignity in allowing 2.8 million people to be thrown on the scrapheap, with no ability to get off it.

Tom Hayes Portrait Tom Hayes
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I recognise exactly what my hon. Friend is saying, because both my parents were forced out of work. They were unwell, and could not get the support they needed from the NHS. They could not get a foot in the door of the social security system and, as their health got worse, they got further away from the workforce. I wish that we had had better support for them.

Does my hon. Friend agree that it is positive that the Government are open to setting a disability employment target, which could drive action? In my constituency of Bournemouth East, the rate stands at an unacceptable 24% after 14 years of the Conservatives.

Andrew Pakes Portrait Andrew Pakes
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I thank my hon. Friend for his comments. He makes a powerful case for why our job today is to fix the Bill, not kill it.

We should be passionate about the centrality and dignity of work. Unemployed young people in my constituency, and those who are disabled, are frustrated by a system that does not work, and they want the Government to work with them to fix it. That mission was true 80 years ago, when the post-war Attlee Government were elected to pick up the pieces following the devastation of the second world war. Similarly, our Government’s mission today is to fix the foundations of a broken welfare system and a broken economy.

As I said on Second Reading, I am particularly concerned about the impact of the welfare trap on young people. I represent a city with one of the highest levels of—this is a horrible phrase—young people who are NEET, or not in employment, education or training, and who are starting their adult life on benefits. We know that the trend has not been helped by the failure of the mental health system and the health system, which has put pressure on people without offering them any help or support to get them through.

I am a passionate advocate of apprenticeships. It cannot be right that so many young people in Peterborough and around the country are starting their adult lives on benefits, and I agree that we should not be paying benefits so that young people can stay at home. We should be investing in young people’s ability to earn, learn and train.

I hope the Minister will expand on those points when he comes to respond to the debate, because it is morally, politically and economically right that young people should be earning and learning, and it is right that we proceed with this Bill. Following the removal of clause 5, I am content that this Bill begins the journey of fixing the system. It is the start, not the end, but it is a start we need to make.

17:15
Bell Ribeiro-Addy Portrait Bell Ribeiro-Addy (Clapham and Brixton Hill) (Lab)
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I rise to speak to the many amendments that attempt to improve this Bill, which I signed in desperation, because I did not enter politics to strip vital support from those who need it, yet the Bill does exactly that. We are the party that created the welfare state, so we know the welfare state is not a handout—sadly, the debate on this Bill has characterised it as such—but a lifeline. Proposing to take that lifeline away from anyone who may need it is a betrayal of those we are elected to serve.

While I welcome the Government stepping back on some elements of the Bill, I do not believe they have gone far enough. As it stands, £2 billion is still set to be cut from hundreds of thousands of sick and disabled people who are already on low incomes, which cannot be right. That is why I am pleased to support amendment (a) to amendment 2, which appears in the name of my hon. Friend the Member for Leeds East (Richard Burgon), to scrap the cut to the universal credit health element entirely. We have to realise that disability rights organisations still do not support the cut at all. The impact assessments that do exist are inadequate or worrying, and thousands will still be pushed into poverty.

In truth, the announcement of the Timms review does little to quell my fears. This Government-led review will take place after the Bill takes effect. Whether or not the review is co-produced, the Government will be taking support away from disabled people and then consulting them on their views after the fact. The toxicity around the Bill means that it is being criticised by those whom it is meant to support, and that is really not a good start.

While I am pleased that the points element has been removed from the Bill, I still share the concerns held by many disability rights groups about what the Bill will truly mean for disabled people. That is why I have signed my name to amendments that will go some way towards making the Bill somewhat more humane. Amendment 38, which appears in the name of my hon. Friend the Member for York Central (Rachael Maskell), would protect those with fluctuating conditions. New clause 8, in the name of my right hon. Friend the Member for Hayes and Harlington (John McDonnell), and new clause 11, in the name of my hon. Friend the Member for Penistone and Stocksbridge (Dr Tidball), would fix concerns about the Timms review by ensuring it is followed by primary legislation and by mandating its implementation and co-production with disabled people.

Other amendments that I support include those to protect carers and to ensure that due regard is given to the UN convention on the rights of persons with disabilities. We would be wrong to ignore the UN’s warning that the Bill will worsen the rights of disabled people. We have to remember that PIP allows many disabled people to access work. Cutting support does not incentivise work, but prevents it. The claim that these reforms would have boosted employment simply does not hold up. Let us not forget that the Bill was published three weeks ago, and was gutted on Second Reading with a further week to rush it through Parliament. That is no way to legislate on matters with such serious consequences.

We have a health crisis in our nation, especially in respect of mental health, and the answer is not to take financial support away from those who need it. If we want to reduce the number of people off work due to physical or mental ill health, we have to continue to address the issues in our healthcare system, and get on with the plans to allow people to access appointments and assessments to stop their ailments worsening. This is not how welfare reform should be carried out, and even at this late stage I urge the Government to throw this Bill out. Some may say that that would be mad, but surely it cannot be worse than what we have been doing this week.

We have to be frank about why the Bill was introduced. It was primarily about saving money, but it would balance the books on the backs of the sick and disabled. I am really tired of how we talk about the economy and about growth in this House as though this is a household bill and we can cut this or cut that. No one seems to ask a good economist and find out that we are meant to invest for growth. People keep telling me that I am young, which is patronising—and it is not even that true any more—but I still cannot find anyone who can give me an example of a time in history when cuts to public services or welfare have solved the issues of the day. That is the case again and again, and those discussions need to end.

There are many other ways in which we can save money. As many Members have pointed out, we could end tax loopholes or have a wealth tax. I was pleased to add my name to amendment 37, in the name of my hon. Friend the Member for Stourbridge (Cat Eccles), which would scrap third-party PIP assessments. US multinationals are making millions of pounds out of those assessments, while humiliating people and/or getting it wrong.

We are told that all this is about getting people into work, but I just cannot see how we can continue to hold on to that idea. I reiterate that it may seem bad to drop the Bill at this late stage, but it cannot be worse than the debate we have had over the past couple of weeks.

Richard Burgon Portrait Richard Burgon (Leeds East) (Lab)
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Sometimes politics seems complicated. Sometimes the passage of a Bill through Parliament, especially with antics and shenanigans like those we saw last week, may confuse people. But actually, the issue before all of us when we vote tonight is very simple. Today, Wednesday 9 July 2025, are Labour MPs going to vote through cuts to universal credit that will take £2 billion from 750,000 sick and disabled people who are already on low incomes—people who will have been judged not fit to work? Will we put our name to a Bill that will, on average, take £3,000 off every single one of those 750,000 people? I think that if we had not had the complications with the Bill the week before, Labour MPs would find it very easy. They would see a Bill that asks us to take billions of pounds from low-income people in our constituencies across the country and find it very easy to vote no.

I ask my friends on the Labour Benches to cast their minds back to when they were first selected and first elected. None of us got into politics to take £3,000 a year off low-income people who are sick and disabled and on universal credit. It has been said that what is morally wrong can never be politically right. People outside this Chamber see the issue before us very clearly indeed. The Bill is being railroaded through, disabled people’s voices are being excluded, and when colleagues say, “Don’t listen to those who say we shouldn’t press on,” that means, “Don’t listen to disabled people.” I think we should listen to disabled people, and not one disabled people’s organisation supports the changes.

The reason the Bill is being rushed through a Committee of the whole House, rather than a Committee where disabled people and their organisations—people with lived experience—could talk to the MPs on the Committee, is because of a politically imposed artificial deadline that is there to save face. I welcome the changes made last week as a result of pressure from disabled people and Back-Bench MPs, but we are voting tonight on taking money off people on low incomes. We are voting tonight on whether we think, after saying last week that it was wrong to have a two-tier PIP system, that it is right to have a two-tier universal credit system.

The reality is that people will remember how we vote tonight. It has been said before, but I will say it again: some votes define us. They define us as politicians and they define how we view our time in Parliament. Disabled people who come to see us in our constituency surgeries will not understand if we, as Labour people, vote for this cut to universal credit tonight or abstain. We will live with that vote in every single constituency surgery between now and the next general election.

Let us take a step back and imagine that we did not have a Whip system in this House. Of course, all of us agree on 99% of things all the time. That is the reality, but if this were not a whipped vote, I think the vast majority of Labour MPs would vote with their conscience and with their disabled constituents against cutting universal credit. All the rest is sophistry. We will live with this vote. It is often said that the longer the statement on Twitter from an MP after a vote, the worse the decision they must have made. You start at the first sentence and by the time you get to the end, the constituents are thinking, “Did they? Did they really vote for that after all they said on the TV, in their tweets and in the Chamber?”

We are Labour people. This is not a left and right issue in the Labour party; this is a right and wrong issue. I say this: any Labour MP who votes against these cuts to low-income people on universal credit tonight will sleep soundly, knowing that they did all they could, on £90,000-odd a year, to stand up for their disabled constituents. That is what we got into politics to do. We should not plough ahead. We should vote this out.

Nusrat Ghani Portrait The Chairman of Ways and Means (Ms Nusrat Ghani)
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I call the final Back-Bench speaker, David Pinto-Duschinsky, after which I will call the Liberal Democrat spokesperson.

David Pinto-Duschinsky Portrait David Pinto-Duschinsky (Hendon) (Lab)
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I rise to speak against amendment (a) to amendment 2, amendments 45 and 52, and new clause 12.

The creation of the modern welfare state by the 1945 Labour Government remains one of our proudest legacies. At its heart was the powerful idea that people should be protected from hardship and supported to realise their full potential. Underpinning that vision was a clear principle: everyone who can work should work, not just for the dignity and agency work brings, but because it is the most effective route out of poverty. Children in workless households are five times more likely to grow up poor than those in households where every adult works.

That principle holds true today, but it is under strain. One in 10 working-age people is out of the labour market; among young people, that figure is one in eight. This is not a global trend, but a challenge unique to the UK, rooted in the welfare system’s design. Too often, that system locks people with health conditions and disabilities out of work; too often, it penalises attempts to get ahead and fails to offer real support; too often, it writes people off.

Disabled people in the UK have an employment rate 29% lower than those without disabilities and face a wider unemployment gap than many of their international peers. Their poverty rate is 10% higher. This is not compassion. We owe it to these individuals and to the welfare state’s founding principles to fix this problem. We cannot avoid change or fall back on impractical slogans—to do so would be to abandon those who most need help.

Yet that is what these amendments and new clauses do. I shall start with amendments 45 and 52 and new clause 12, tabled by the Opposition, whose Benches are empty. These measures reveal a lack of seriousness and of a plan. The Tories presided over this crisis of opportunity and soaring claimancy. They failed to reform the system, to address the disability employment gap or to tackle fraud, which tripled on their watch. Throughout this debate, they have been unable to explain their alternative—the shadow Minister, the hon. Member for East Wiltshire (Danny Kruger), whom it is good to see in his place, recently admitted as much, saying that he could not say exactly what he would do—so they resort to gimmicks.

Amendment 45 demands that all assessments be face-to-face, forgetting that it was the Conservatives who cut face-to-face assessments by 90%. If there were an Olympic event for brass neck, they would win the gold medal every time. This proposal is unworkable, denying frontline managers discretion—a fact the Conservatives essentially admit in the small print. It is also unnecessary; unlike the Conservatives in government, this Government are restoring most assessments back to being face-to-face.

The same applies to amendment 52 and new clause 12. PIP already has strict residency and qualification rules and is needs based. These proposals would not effect meaningful change, but would slow down reform. Once again, this is gesture politics—the Conservatives do not have a plan.

While the Opposition admit a problem but offer no plan, amendment (a) to amendment 2 seems, I fear, to deny that there is a problem at all, proposing simply to remove all changes to the LCWRA. The changes those behind the amendment want to scrap are vital to rebalancing the system, which will not just remove disincentives to work but enable the largest above-inflation increase in basic jobseeker benefits since the 1970s. These benefits will rise £725 a year for 6.5 million people by 2029, helping 15,000 people in my constituency. Removing these changes risks losing measures that would lift 50,000 children out of poverty.

None of this is easy. We are talking about real lives, not abstract policies. I understand the anxiety this debate causes, but freezing the system in aspic and ignoring its failings would lock in current injustices and create future problems. We should start reform by reaffirming the system’s basic purpose: to protect and treat all with dignity, but also to empower people and give them true agency. That means recognising that some cannot work, ensuring protection for the vulnerable, and listening to and co-producing with disabled people. However, it also means ensuring that those who can work do so, offering support and holding employers to account. I believe that the Government’s proposals do so.

Just as Attlee’s Government reimagined the role of the state after the war, so we must reimagine it now after the upheavals of the pandemic, economic change and rising ill health. The world has changed, and our welfare system must do so too. We must reform the system—not in spite of Labour values, but because of them.

Nusrat Ghani Portrait The Chairman of Ways and Means (Ms Nusrat Ghani)
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I call the Liberal Democrat spokesperson.

Steve Darling Portrait Steve Darling (Torbay) (LD)
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Colleagues have described the events surrounding this Bill as “chaotic” and “shambolic”, and they were right to do so. Sadly, by failing to consult on key elements, the Government were setting up the Bill to fail. Moreover, the Government’s impact assessment is, I fear, somewhat misleading, because it bakes in cuts that the previous Government had planned, but not actually implemented. As a result, I am somewhat cautious of some of the Government’s figures.

17:30
As the Liberal Democrat spokesman, I acknowledge that there needs to be reform of the welfare system. We need to chase down the cost, but this is not the way to do so. Investing to save is the way to make serious change. One investment that we need to undertake is in our NHS. Although we welcome the investment that is currently taking place in the NHS, we know—and I know this from my constituents in Torbay—that there are still people with long-term illnesses who are stuck on universal credit because the health interventions that desperately need to happen have not happened for them.
We also need to be alive to the challenges that we face in our employment market. We should take not a siloed approach to this matter, but an holistic approach that looks at how we can fix the whole system. Therefore, as Liberal Democrats, we truly welcome the Charlie Mayfield review. Looking over the channel at our continental neighbours, we see that they have significantly higher productivity and higher employment among people who are long-term sick and have disabilities. Clearly there are lessons that can be learned. Chasing this legislation through Parliament in the way that has been done is setting the situation up for failure.
It is bizarre, is it not, that there is an amendment that would take “personal independence payment” out of the title of the Bill? That is right and I welcome the fact that a number of Labour Members stood up and were counted on this. I found it particularly abhorrent that a number of Ministers kept on suggesting or hinting that PIP was an out-of-work benefit, when the reality is that it often helps people get in the right place to be able to work.
I fear that one Minister, who is very well respected, is effectively being used as a human shield because he undertook the Timms review. We have significant questions around that review. Although we have massive respect for him as a Minister, we fear that the review is putting the cart before the horse. We need to ensure that there is true engagement with disability groups and that we hear from carers, as part of those groups, and that it is not just a tick-box exercise, as I have heard some Members say.
Universal credit still has a two-tier element. Again, it is this Orwellian approach, where some people who are ill are more equal than others, and that is perverse in the extreme. As Liberal Democrats, we have some real concerns around this. We are also alive to the fact that the New Economics Foundation highlights that this will still plunge 50,000 people into poverty, which is not what we should be doing in this Chamber.
To conclude, the Bill has been irresponsibly rushed through. If we are serious about helping some of the most vulnerable people in our communities, the best way to do so is to engage with them, take time, and get the right results for them. As the Liberal Democrat spokesperson, I wish to highlight amendment 12, which would provide that engagement and, most of all, the due diligence that we deserve. If the amendment falls, I would encourage colleagues to vote against the Bill tonight.
Danny Kruger Portrait Danny Kruger (East Wiltshire) (Con)
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So here we are. Labour has had 15 years, including 14 years spent complaining about welfare reform while the Conservative Government fixed the catastrophic mess of unemployment benefits that we inherited—the alphabetti spaghetti of welfare that we had in 2010, if any of their Members can remember it. We fixed all those benefit traps, introducing universal credit, making work pay and supporting people off welfare and into jobs. In the first decade of our time in government, 100,000 fewer people were economically inactive every single year of the 2010s. In 2019 we had the lowest number of workless households since records began. Then covid hit, and Labour were clamouring for more welfare throughout that period. After the covid incident, as we left office we were introducing reforms to fix the health and disability benefits system. All of that was opposed every step of the way by Labour.

Marie Tidball Portrait Dr Tidball
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Does the shadow Minister really believe that anyone could truly think that the Conservatives ensured that disabled people were well paid when 14 years of their government led to a 17% disability pay gap?

Danny Kruger Portrait Danny Kruger
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The fact is, in our time in government we increased the number of disabled people in work significantly. Two million more disabled people were in work at the end of our time in government than before. There is much to regret about the last years of our time in government, and I was a critic of them myself, but on welfare throughout our time in government we have a proud record of improving the broken system that we inherited.

We are now a year into Labour’s time in government. They have had all this time to come up with a plan and we have absolutely nothing. Clause 5 did have some changes to the system, but they are going to scrap that today. I want to pay tribute to the rebels on the Labour Benches for finding their voice and showing what Parliament can do, and I particularly pay tribute to the hon. Member for York Central (Rachael Maskell)—the real Prime Minister sitting there on the real Front Bench. I respect and honour them all.

As for the Government Front Bench, they are chopping the Bill’s title in half. It is now nothing to do with PIP, so we have no reform to welfare and certainly no savings. This is now a spending Bill, not a savings Bill. Looking at the impact assessment that has just been published—the third in the last three weeks, I think—if we add up the savings from cutting UC health for new claims, which is a little over £5 billion, and minus the cost of raising the standard allowance, which is a little over £5 billion, we get £120 million of extra costs over the next four years, plus the £1 billion of extra employment support. Labour’s idea of saving money on welfare is to spend more by the end of the Bill’s passage. The Government have also spent the money that they thought they were saving from the PIP changes before they did the U-turn. Even now they are on a wing and a prayer financially.

The Office for Budget Responsibility, on which the tottering Chancellor has relied to hold up her sums, assumes that the on-flow to benefits will fall halfway back to their 2019 levels over this Parliament. If they do not, the Chancellor will have to find another £12 billion. Why should new claims reduce under this Government when there is still an incentive of £50 a week to get on to UC health, and there is no reform to PIP for at least another year? The Minister has also said that his famous eponymous review is not aimed at saving money anyway. The hon. Member for Aberdeen North (Kirsty Blackman) challenged him earlier to confirm that, and I think he has confirmed from the Dispatch Box that there will be no savings from his review.

Meanwhile, the UK is haemorrhaging jobs thanks to the national insurance rise, and we have the Employment Rights Bill coming down the track. The OBR did not even include in its forecast the likely impact of the unemployment Bill that Labour is introducing. That is something we can look forward to in the autumn.

We are in a deep fiscal hole, and of course we need welfare reform—in fact, we need welfare cuts. That is why the Opposition wanted to support the Government when they set out their intentions, and we said that we would support the Bill if they reduced spending, got more people into work and pledged that there would be no new taxes, but they did none of that, so we do not support it. We do, however, have a further set of proposals.

My friend, the hon. Member for Hendon (David Pinto-Duschinsky), challenged me to come up with some alternatives, and we have some amendments to that very effect. First, amendment 45 would improve the quality of assessments. There is a bigger piece of work to be done, and I welcome the Government looking closely at the assessments process, but right now we could make one clear and simple improvement. In 2019, 84% of PIP assessments were conducted face to face; last year, the figure was 5%. That was a covid change—[Interruption.] That was absolutely a covid change that was not changed back in time; I totally agree. The fact is, the work-from-home culture really took off at the DWP and with its subcontractors, and that does need to change. I recognise that. Why are the Government not doing that?

As a result, in the system we have, which is not being changed by the Bill, people are at the mercy of some distant, faceless assessor on the end of the phone. Of course, there will be people who cannot manage a face-to-face assessment, and we would authorise the Secretary of State to specify circumstances for that. It is also right not to call people back for repeat assessments. That was a change that the Conservatives were introducing, and I am glad that the Government are sticking with it. But, for the great majority of cases, we have got to get back to face-to-face assessments for the sake of claimants as well as the taxpayer.

Secondly, I turn to amendment 50. We have 1,000 new PIP claims a day—that has doubled since covid—and more than half the increase is in mental health cases. For UC health claims, it is more like three quarters. Of course, distress is real in our society and it is rising—I do not disparage the reality of many of these claims—but as the Minister has said the incidence of disability in our society is rising by 17% while benefit claims are rising by 34%. For some of the less severe mental health claims, it is far worse. In January 2020, there were 7,000 claims for people with anxiety disorders; this year, there are 31,000. In January 2020, there were 155,000 claims for anxiety and depressive disorders mixed; now there are 365,000. Autism was 60,000 and has gone up to 183,000. The hon. Member for Sheffield Hallam (Olivia Blake) mentioned ADHD, which has gone up from 29,000 to 115,000 over the last five years.

Nadia Whittome Portrait Nadia Whittome
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I wonder whether the shadow Minister realises that according to the DWP’s own statistics the PIP fraud rate is 0.2%. I do not want him to feel like a mug.

Danny Kruger Portrait Danny Kruger
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I am not talking about explicit fraud. These awards are being given, and no doubt the assessment is judging them to be eligible. There is not necessarily a deliberate attempt to defraud the system. What we have done is create a system whereby one is incentivised to seek higher and more expensive claims.

Danny Kruger Portrait Danny Kruger
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I am happy to give way.

Nusrat Ghani Portrait The Chairman of Ways and Means (Ms Nusrat Ghani)
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Order. Before the hon. Member makes her intervention, will colleagues make sure that their language is parliamentary and respectful?

Olivia Blake Portrait Olivia Blake
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I want to pull up the shadow Minister on the ADHD statistics. Will he recognise that women were not recognised as having ADHD for many years and thus there is a backlog of women now accessing their right to benefits relating to ADHD? Many women like me were misdiagnosed with depression and anxiety disorders instead of ADHD.

Danny Kruger Portrait Danny Kruger
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I am sure that the hon. Lady is right. Those disorders have also increased extraordinarily in recent years. I take her point, and I was struck by the point she made in her speech about how many people with ADHD would benefit from being in the workplace. They could be in work, and they need to be supported for that. It is not right that we are consigning so many people to a life on the sofa with the curtains drawn, being told that they have no value and no contribution to make and will receive no help. Last year, 4,000 more people got PIP because of dyslexia, which was twice the number before covid. It was 10,000 for OCD; again, that number has doubled.

I want to acknowledge that the charity Mind—of course, it wants to increase benefits, so I do not cite it in support of our amendments—has said that what people with mental health conditions need is decent mental health support, proper employment programmes and flexible workplaces. That is what is needed.

Let me finish with new clause 12. The other place where we can look for real savings is with foreign nationals claiming health and disability benefits. I am aware that many visas have no recourse to public funds, but people with indefinite leave to remain do. Some 800,000 people are likely to claim indefinite leave to remain in the course of this Parliament. We do not have enough data from the DWP, so I urge the Government to have more transparency about the information that is received. However, on the basis of the information we have, we believe that some hundreds of thousands of people in this country who are claiming PIP and UC health are foreign nationals—that does not include EU citizens, who have rights under the withdrawal agreement. Welfare is simply not part of the contract that we make with people who come to this country. They are given visas on the basis that they will support themselves and our amendment would make that principle real.

Every pound spent on benefits for someone who could be supported into work is a pound less for someone else who cannot or can never work and who deserves all our sympathy and support. We cannot wait another year for this dithering, hamstrung Government to come forward with the changes we need. Our amendments offer a path to a better system that is fair for claimants and fair for taxpayers, and I commend them to the Committee.

17:45
Stephen Timms Portrait Sir Stephen Timms
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I thank everybody who has spoken in this debate. If someone can work, they should. My hon. Friend the Member for Hendon (David Pinto-Duschinsky) was absolutely right to remind the House that that principle underpinned the creation of the welfare state by the post-war Labour Government. If someone needs help into work, the Government should provide it, and those who cannot work must be able to live with dignity. Those are the principles underpinning what we are doing.

The UK, uniquely in the G7, has a lower rate of employment today than we had before the pandemic. My hon. Friends the Members for Ealing Southall (Deirdre Costigan) and for Hendon were right to point out that that is uniquely a UK problem. In large measure, it is because of the traps in the universal credit system that this Bill addresses. The system needs to be fixed and it is urgent to get on and do that.

My hon. Friend the Member for Bermondsey and Old Southwark (Neil Coyle) was right to point out to the House that delay is not the answer. The delay being called for by the Conservatives is not the right way forward. Abandoning people, in the way the system has for years, has been catastrophic. There are 2.8 million people out of work on health and disability benefits, and hundreds of thousands want to be back in work and say they could be, if only they had the support to get back into a job. We are determined to provide them with that support.

Jonathan Brash Portrait Mr Jonathan Brash (Hartlepool) (Lab)
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When the Bill started its life, the Government were advocating for cuts for PIP and UC health claimants now and in future. They conceded that now was not right and that it was only for future claimants. Then they conceded that it should not be PIP claimants in future, leaving only UC health claimants. Does my right hon. Friend understand the anxiety and confusion that this has caused people in the disabled community? Would it not be better to pause, wait for the review and do it properly?

Stephen Timms Portrait Sir Stephen Timms
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No, because reform is urgently needed. We were elected to deliver change and that is what we must do.

It is particularly scandalous that the system gives up on young people in such enormous numbers, with nearly 1 million not in employment, education or training. My hon. Friend the Member for Peterborough (Andrew Pakes) was absolutely right to highlight that point. We need to get on and tackle the disability employment gap.

The Bill addresses the severe work disincentives in universal credit. It protects those we do not ever expect to work from universal credit reassessment, and the poverty impact assessment, which has now been published, makes it clear that 50,000 children will be lifted out of poverty. We are rebalancing support here.

Paul Holmes Portrait Paul Holmes (Hamble Valley) (Con)
- Hansard - - - Excerpts

I am grateful for the Minister’s generosity, which he always shows in this Chamber. Based on the poverty assessment, he now says that 50,000 children will be uplifted and taken out of poverty. Given that the decision was taken because of the fiscal impact of the Chancellor’s Budget, I asked him last week about the £5 billion of savings that then became £2.5 billion. He then said that he had not costed his decisions, which would have put an extra 150,000 children into poverty. Will he tell the House how much extra the measures on which he has capitulated will cost the taxpayer?

Stephen Timms Portrait Sir Stephen Timms
- Hansard - - - Excerpts

I am happy to give the hon. Gentleman the same answer that I gave him last week, which is that the figures will be published by the OBR in the usual way.

A number of amendments that have been discussed relate to clause 5, which, as the House knows, we are removing through Government amendment 4, so the Bill will make no changes to PIP. Parallel amendments to schedule 2 cover Northern Ireland and, as has been pointed out, Government amendment 5 changes the Bill’s name, once enacted, to the Universal Credit Act 2025. We will now make PIP fit and fair for the future with the wider review to conclude by autumn next year. The Opposition’s amendment 45, on face-to-face assessments, therefore no longer fits in the Bill, but I would say to the shadow Minister, the hon. Member for East Wiltshire (Danny Kruger), that we are indeed going to get ahead with increasing the number of face-to-face assessments, and the point that he needs to recognise is that that should have been done after the pandemic and it was not done. We are getting on and fixing the problems.

I am grateful to my hon. Friend the Member for Penistone and Stocksbridge (Dr Tidball) for giving the House, in her new clause 11, a helpful checklist of the desirable features of our co-produced review. I have committed to Disability Rights UK and to others that I will shortly discuss these matters with them, but let me set out my thinking now in response to my hon. Friend’s new clause. I accept subsection (1) of her new clause. The UN convention on the rights of persons with disabilities has featured a bit in this debate—my hon. Friend the Member for Walthamstow (Ms Creasy) referred to it, as did others. To quote article 4.3 of the convention, we should

“closely consult with and actively involve persons with disabilities”

in carrying out the review. I accept the point, made by my hon. Friend the Member for Penistone and Stocksbridge, that that is what co-production entails.

Stephen Timms Portrait Sir Stephen Timms
- Hansard - - - Excerpts

Let me make just a little more headway. I will give away a little bit later.

As my hon. Friend the Member for Penistone and Stocksbridge and I have discussed, I do not agree that the review must be finished within 12 months. We want to complete the review by autumn of next year, and with no four-point threshold, I do not think it is in anybody’s interest to rush it. I accept her proposal, in subsection (4) of her new clause, for a group to co-produce the review, not so much to provide independent oversight as to lead and deliver it. I will chair the group, and we will work with her and others to include disabled people with lived and professional experience in its leadership and in shaping its meetings, with around a dozen members and with capacity to engage others as needed on specific topics.

My hon. Friend has made helpful suggestions for who some members of the group might be. We will want disabled parliamentary representation to be involved in the process as well, and arrangements to involve disabled people more broadly. I agree with her that the majority of the group’s members need to be disabled people or representatives of disabled people’s organisations, and that they need to be provided with adequate support, including towards their costs of travel and taking part.

Marie Tidball Portrait Dr Tidball
- Hansard - - - Excerpts

I am grateful to the Minister for accepting so many aspects of new clause 11 and for his assurances from the Dispatch Box. I will not be pressing the new clause to a vote if he can offer further assurances that there will be sufficient links between the Timms review recommendations and subsequent legislation on PIP to ensure accountability and that the voices of disabled people are heard.

Stephen Timms Portrait Sir Stephen Timms
- Hansard - - - Excerpts

I can give my hon. Friend that assurance, yes. The outcome of the review will be central to the legislation that follows.

Steve Darling Portrait Steve Darling
- Hansard - - - Excerpts

I really welcome the fact that disabled groups are going to be meaningfully engaged, according to the Minister’s proposal, and I look forward to seeing the full details of that, but how will carers’ groups be engaged as well? I would welcome some assurance on that.

Stephen Timms Portrait Sir Stephen Timms
- Hansard - - - Excerpts

The hon. Gentleman raised that point very reasonably in the debate, and it is certainly something we need to consider as well.

Stella Creasy Portrait Ms Creasy
- Hansard - - - Excerpts

I welcome the commitment to work with disabled people. The Minister will know that the difference between consultation and co-production is that every participant has to have a veto of the outcomes in order to co-produce. Otherwise, with the greatest will in the world, it is just another form of consultation. Can he give us an assurance that disabled groups will have a veto over the proposals, to engage the consultation process?

Stephen Timms Portrait Sir Stephen Timms
- Hansard - - - Excerpts

We will aim for a consensus among all those taking part, and that is what I hope we will achieve.

Stephen Timms Portrait Sir Stephen Timms
- Hansard - - - Excerpts

I will not give way for a moment or two.

On Parliament’s handling of the review outcome, which is also raised in new clause 11, I would envisage a ministerial oral statement. I can commit on behalf of the Government that there will then be a general debate on it, in Government time, and that the legislation to implement the review outcome will not be brought forward until that has happened.

Vicky Foxcroft Portrait Vicky Foxcroft
- Hansard - - - Excerpts

Will the Minister give way?

Stephen Timms Portrait Sir Stephen Timms
- Hansard - - - Excerpts

Not just at the moment.

Clause 1 introduces the first ever sustained above-inflation rise to the universal credit standard allowance. The previous Government ran universal credit down. They did not uprate it; they froze it, forcing mass dependence on food banks. The increase is accompanied by a reduction, as we debated, in the health top-up for most new claimants, as set out in clause 2.

Clause 3 set out that the health top-up would be frozen until 2029-30 for existing claimants and for those with the most severe lifelong conditions or those near the end of life. The Government amendment means that, for existing claimants, the standard allowance plus the health top-up will rise at least in line with inflation up to 2029-30. That also applies to people with severe lifelong conditions who we do not ever expect to work and those near the end of life. Clause 4 and the amendment to it mirror the universal credit changes in employment and support allowance.

The Bill will protect existing claimants in a powerful way, including those with fluctuating health conditions, but it will move decisively to a more proactive, pro-work system. That is what we need, and the protection for those who are on universal credit at the moment—

Stephen Timms Portrait Sir Stephen Timms
- Hansard - - - Excerpts

Let me make just a little more headway.

The protection for those who are on universal credit at the moment and who are on the LCWRA rate is that if they go into work, they are likely—depending, of course, on their income—to stay on universal credit, so that protection will continue while they are in work. If their income rises to the level where they are lifted off universal credit, for six months they will retain that protection, and if they go back, they will return to their original rate, so there is very strong protection there.

None Portrait Several hon. Members rose—
- Hansard -

Stephen Timms Portrait Sir Stephen Timms
- Hansard - - - Excerpts

No, I will not give way.

Some amendments seek to change the new universal credit arrangements. The increase to the standard allowance—the first permanent real-terms increase in the headline rate of out-of-work benefits for decades—is an important step forward, as my hon. Friend the Member for Morecambe and Lunesdale (Lizzi Collinge) highlighted. Balancing that with a lower health top-up for most new claims is key to tackling—

Graham Stuart Portrait Graham Stuart
- Hansard - - - Excerpts

On a point of order, Madam Chair. We were told that the Bill was going to bring a £5 billion saving to the Exchequer, then it was £2.5 billion. Is it in order not to have any idea what this will cost the taxpayer?

Nusrat Ghani Portrait The Chairman of Ways and Means (Ms Nusrat Ghani)
- Hansard - - - Excerpts

That is a point of debate, not a point of order. Continue, Minister.

Stephen Timms Portrait Sir Stephen Timms
- Hansard - - - Excerpts

Thank you, Madam Chair.

Vicky Foxcroft Portrait Vicky Foxcroft
- Hansard - - - Excerpts

Will the Minister ensure that the universal credit health element forms part of the co-produced Timms review when reviewing the assessment process, as the UC health element will be assessed under the new PIP assessment? Furthermore, can we ensure that all disability benefits and support are in scope, so that we can truly get an assessment process fit for the future?

Stephen Timms Portrait Sir Stephen Timms
- Hansard - - - Excerpts

My hon. Friend is right that the Green Paper set out our proposal that the PIP assessment will in future also be the gateway to the universal credit health top-up, giving it indeed a broader role. Our aim is specifically a co-produced benefit assessment. If that works well, there may well be a strong case to apply the same approach, maybe even using the same or a similar group to other challenges, and perhaps including other aspects of the health and disability benefits system, but that would need to follow successful completion of the task immediately in hand.

Let me finally make an important point, which was made by my hon. Friend the Member for Dunfermline and Dollar (Graeme Downie) and others. The severe conditions criteria in the Bill exactly reflects how the functional tests are applied at present. That is in guidance. It is being moved in this Bill into legislation. It does take account of Parkinson’s and MS because people need to meet these descriptors reliably, safely, repeatedly and in a reasonable timeframe, so I can give a firm assurance to those concerned about how the severe conditions criteria will work for those with fluctuating conditions. The word “constantly” here refers, as I said in my earlier intervention, to the functional criteria needing to apply at all times, not to somebody’s symptoms.

This Bill begins to repair a broken system that holds people back, by removing work disincentives from universal credit. We will provide record employment support for disabled people, for people with health impairments—

16:44
Debate interrupted (Programme Order, 1 July).
The Chair put forthwith the Question already proposed from the Chair (Standing
Order No. 83D), That the amendment be made.
18:00

Division 258

Ayes: 35


Labour: 10
Scottish National Party: 9
Independent: 8
Green Party: 4
Plaid Cymru: 3
Social Democratic & Labour Party: 2
Liberal Democrat: 2

Noes: 469


Labour: 356
Conservative: 95
Independent: 5
Democratic Unionist Party: 4
Reform UK: 3
Liberal Democrat: 2
Traditional Unionist Voice: 1
Ulster Unionist Party: 1

The Chair then put forthwith the Questions necessary for the disposal of the business to be concluded at that time (Standing Order No. 83D).
Amendment made: 1, page 2, line 25, leave out second “and” and insert “to”.—(Sir Stephen Timms.)
This amendment provides for definitions relating to tax years to apply for the purposes of NC1.
Amendment proposed: 50, page 2, line 29, at end insert—
“(8) This section comes into force when the conditions in section [Commencement requirements relating to welfare reform] have been met.”—(Helen Whately.)
This amendment makes the commencement of Clause 1 conditional on the requirements relating to welfare reform set out in NC12.
Question put, That the amendment be made.
18:16

Division 259

Ayes: 103


Conservative: 93
Democratic Unionist Party: 4
Reform UK: 3
Independent: 2
Traditional Unionist Voice: 1
Ulster Unionist Party: 1

Noes: 416


Labour: 378
Independent: 10
Scottish National Party: 9
Liberal Democrat: 9
Green Party: 4
Plaid Cymru: 4
Conservative: 1
Social Democratic & Labour Party: 1

Clause 1, as amended, ordered to stand part of the Bill.
Clause 2
LCWRA element for tax year 2026-27
Amendment made: 2, page 2, line 31, leave out subsection (1) and insert—
“(1) In the table in regulation 36 of the Universal Credit Regulations 2013 (amounts of elements)—
(a) before the row showing the amount for limited capability for work and work-related activity (“the existing row”) insert—
“claimant with limited capability for work and work-related activity, other than a pre-2026 claimant, a severe conditions criteria claimant or a claimant who is terminally ill£217.26”;
(b) in the existing row, for “limited capability for work and work-related activity” substitute “pre-2026 claimant, severe conditions criteria claimant or claimant who is terminally ill”.”—(Sir Stephen Timms.)
This amendment is a technical change designed to support the operation of the new duty of the Secretary of State (see NC1) to secure that Universal Credit for LCWRA claimants who are existing claimants, meet the severe conditions criteria or are terminally ill increases in line with inflation.
Amendment proposed: 12, page 3, line 3, leave out from “Schedule 1” to end of line 6 and insert “may not come into force until the conditions in section [Pre-commencement requirements] have been met.
(4) If the conditions in section [Pre-commencement requirements] have been met prior to 6 April 2026, this section and Schedule 1 shall come into force on 6 April 2026 and have effect in relation to assessment periods commencing on or after that date, and for this purpose “assessment period” has the same meaning as in Part 1 of the Welfare Reform Act 2012.
(5) If the conditions in section [Pre-commencement requirements] have not been met prior to 6 April 2026, but are met on a subsequent day, this section and Schedule 1 shall come into force on the first day of the calendar month after that day and have effect in relation to assessment periods commencing on or after that date, and for this purpose “assessment period” has the same meaning as in Part 1 of the Welfare Reform Act 2012.”—(Steve Darling.)
This amendment makes the commencement of Clause 2 and Schedule 1 conditional on the pre-commencement requirements set out in NC2.
Question put, That the amendment be made.
18:30

Division 260

Ayes: 105


Liberal Democrat: 63
Labour: 9
Scottish National Party: 9
Independent: 7
Green Party: 4
Democratic Unionist Party: 4
Plaid Cymru: 4
Reform UK: 3
Social Democratic & Labour Party: 2
Traditional Unionist Voice: 1
Alliance: 1
Ulster Unionist Party: 1

Noes: 370


Labour: 364
Independent: 4

Question put (single Question on successive provisions of the Bill), That clause 2, as amended, and clause 3 stand part of the Bill.
18:43

Division 261

Ayes: 335


Labour: 330
Independent: 3

Noes: 135


Liberal Democrat: 63
Labour: 39
Independent: 9
Scottish National Party: 9
Democratic Unionist Party: 4
Plaid Cymru: 4
Green Party: 3
Social Democratic & Labour Party: 2
Traditional Unionist Voice: 1
Alliance: 1
Reform UK: 1
Ulster Unionist Party: 1

Clause 2, as amended, ordered to stand part of the Bill.
Clause 3 ordered to stand part of the Bill.
Clause 4
Legacy employment and support allowance payments
Amendment made: 3, page 3, line 32, at end insert—
“(2A) Where it is necessary in order to achieve the result in subsection (2B) for any of the tax years 2026-27 to 2029-30, the Secretary of State must exercise the power in section 4(2)(a) or (6)(c) of the Welfare Reform Act 2007 to increase—
(a) any amount of an ESA IR disability premium for that tax year,
(b) the ESA IR support component for that tax year, or
(c) any amount of the ESA IR personal allowance for that tax year.
(2B) The result to be achieved for a tax year (“the current tax year”) is that for each combination of amounts referred to in subsection (2A)(a) to (c) to which a person could be entitled, the sum of those amounts for the current tax year is at least (in each case) the amount given by increasing—
(a) the sum of those amounts for the previous tax year, by
(b) the relevant CPI percentage for the current tax year.”—(Sir Stephen Timms.)
This amendment imposes a duty on the Secretary of State to secure that the employment and support allowance for claimants who receive a disability premium or the support component increases in line with inflation.
Clause 4, as amended, ordered to stand part of the Bill.
Clause 5
Personal independence payment eligibility
Amendment proposed: 45, page 5, line 16, at end insert—
“(1A) In section 77 of the Welfare Reform Act 2012, after subsection (2) insert—
‘(2A) A person’s eligibility for personal independence payment may only be determined following a face-to-face meeting between that person and a person acting on behalf of the Secretary of State.
(2B) The Secretary of State may, by regulations, specify any limited circumstances in which a face-to-face meeting is not appropriate.’”—(Helen Whately.)
This amendment requires eligibility for personal independence payment to be determined on the basis of a face-to-face meeting but with the discretion for the Secretary of State to set out the limited circumstances where that would be inappropriate.
Question put, That the amendment be made.
18:56

Division 262

Ayes: 175


Conservative: 95
Liberal Democrat: 65
Independent: 5
Democratic Unionist Party: 4
Reform UK: 3
Traditional Unionist Voice: 1
Ulster Unionist Party: 1

Noes: 401


Labour: 379
Independent: 10
Green Party: 4
Plaid Cymru: 4
Social Democratic & Labour Party: 2
Alliance: 1

Clause 5 disagreed to.
Clause 6 ordered to stand part of the Bill.
Clause 7
Short title
Amendment made: 5, page 5, line 34, leave out “and Personal Independence Payment”.—(Liz Kendall.)
This amendment amends the short title in consequence of Amendments 4 and 10.
Clause 7, as amended, ordered to stand part of the Bill.
New Clause 1
“(1) Where it is necessary in order to achieve the result in subsection (2) for any of the tax years 2026-27 to 2029-30, the Secretary of State must exercise the power in section 9(2) or 12(3) of the Welfare Reform Act 2012 to increase—
(a) the protected LCWRA amount for that tax year, or
(b) any amount of the standard allowance for that tax year.
(2) The result to be achieved for a tax year (“the current tax year”) is that for each combination of the protected LCWRA amount and an amount of the standard allowance, the sum of those amounts for the current tax year is at least (in each case) the amount given by increasing—
(a) the sum of those amounts for the previous tax year, by
(b) the relevant CPI percentage for the current tax year.
(3) In this section—
(a) “the protected LCWRA amount” means the amount of the LCWRA element that applies to a pre-2026 claimant, a severe conditions criteria claimant or a claimant who is terminally ill (within the meanings of the Universal Credit Regulations 2013);
(b) “the LCWRA element” has the meaning it has in section 3;
(c) “the standard allowance” means the allowance to be included in an award of universal credit under section 9(1) of the Welfare Reform Act 2012;
(d) reference to an amount or allowance “for” a tax year means the amount or allowance applicable for any assessment period commencing on or after the first Monday of that tax year and before the first Monday of the following tax year, and for this purpose “assessment period” has the same meaning as in Part 1 of that Act.
(4) In this section and in section 4—
(a) the “relevant CPI percentage” for a tax year is the percentage by which the consumer prices index for the September before the start of the tax year is higher than it was for the September before that (or 0% if it is not higher);
(b) the “consumer prices index” means the all items consumer prices index published by the Statistics Board.”—(Liz Kendall.)
This new clause imposes a duty on the Secretary of State to secure that Universal Credit for LCWRA claimants who are existing claimants, meet the severe conditions criteria or are terminally ill increases in line with inflation.
Brought up, and added to the Bill.
New Clause 8
Implementation of Timms review
“(1) Within one month of the publication of the review into Personal Independence Payment assessment the terms of reference of which were published by the Secretary of State on 30 June 2025 (“the review”), the Secretary of State must publish a draft version of primary legislation setting out proposed measures to give effect to the recommendations of the review.
(2) No power to make regulations under Part 4 of the Welfare Reform Act 2012 may be exercised to give effect to any proposal arising from the review in a way which adversely affects the eligibility for personal independence payment of any person.”—(John McDonnell.)
Brought up.
Question put, That the clause be added to the Bill.
19:10

Division 263

Ayes: 130


Liberal Democrat: 64
Labour: 37
Independent: 9
Scottish National Party: 9
Plaid Cymru: 4
Green Party: 3
Social Democratic & Labour Party: 2
Traditional Unionist Voice: 1
Alliance: 1
Ulster Unionist Party: 1

Noes: 443


Labour: 333
Conservative: 96
Democratic Unionist Party: 4
Independent: 4
Reform UK: 3

Schedule 1
Amendments to the Universal Credit Regulations 2013 in connection with new amounts of the LCWRA element
Amendment proposed: 38, page 6, leave out lines 33 and 34 and insert—
“(b) has either—
(i) been entitled to an award of universal credit that included the LCWRA element continuously from that time, or
(ii) at any time after that time become entitled again to an award of universal credit that included the LCWRA element as a result of a fluctuating medical condition or the recurrence of a medical condition.”—(Rachael Maskell.)
Question put, That the amendment be made.
19:25

Division 264

Ayes: 149


Liberal Democrat: 65
Labour: 49
Independent: 9
Scottish National Party: 9
Democratic Unionist Party: 4
Plaid Cymru: 4
Reform UK: 3
Green Party: 3
Social Democratic & Labour Party: 2
Traditional Unionist Voice: 1
Alliance: 1
Conservative: 1
Ulster Unionist Party: 1

Noes: 334


Labour: 331
Independent: 3

Schedule 1 agreed to.
Schedule 2
Northern Ireland: corresponding provision
Amendments made: 6, page 10, line 33, leave out “paragraph 3” and insert “paragraphs 2A and 3”.
This amendment provides for definitions relating to tax years to apply for the purposes of the paragraph of Schedule 2 to be inserted by Amendment 8.
Amendment 7, page 12, line 1, leave out sub-paragraph (5) and insert—
“(5) In the table in regulation 38 (amounts of elements)—
(a) before the row showing the amount for limited capability for work and work-related activity (“the existing row”) insert—
“claimant with limited capability for work and work-related activity, other than a pre-2026 claimant, a severe conditions criteria claimant or a claimant who is terminally ill£217.26”;
(b) in the existing row, for “limited capability for work and work-related activity” substitute “pre-2026 claimant, severe conditions criteria claimant or claimant who is terminally ill”.”
This amendment is a technical change designed to support the operation of the new duty of the Department for Communities in Northern Ireland (see amendment 8) to secure that Universal Credit for LCWRA claimants who are existing claimants, meet the severe conditions criteria or are terminally ill increases in line with inflation.
Amendment 8, page 14, line 27, at end insert—
“Protected LCWRA amount for tax years 2026-27 to 2029-30
2A (1) Where it is necessary in order to achieve the result in sub-paragraph (2) for any of the tax years 2026-27 to 2029-30, the Department for Communities in Northern Ireland must exercise the power in Article 14(2) or 17(3) of the Welfare Reform (Northern Ireland) Order 2015 to increase—
(a) the protected LCWRA amount for that tax year, or
(b) any amount of the standard allowance for that tax year.
(2) The result to be achieved for a tax year (“the current tax year”) is that for each combination of the protected LCWRA amount and an amount of the standard allowance, the sum of those amounts for the current tax year is at least (in each case) the amount given by increasing—
(a) the sum of those amounts for the previous tax year, by
(b) the relevant CPI percentage for the current tax year.
(3) In this paragraph—
(a) “the protected LCWRA amount” means the amount of the LCWRA element that applies to a pre-2026 claimant, a severe conditions criteria claimant or a claimant who is terminally ill (within the meanings of the Universal Credit Regulations (Northern Ireland) 2016);
(b) “the LCWRA element” has the meaning given by regulation 28 of those Regulations;
(c) “the standard allowance” means the allowance to be included in an award of universal credit under Article 14(1) of the Welfare Reform (Northern Ireland) Order 2015;
(d) reference to an amount or allowance “for” a tax year means the amount or allowance applicable for any assessment period commencing on or after the first Monday of that tax year and before the first Monday of the following tax year, and for this purpose “assessment period” has the same meaning as in Part 2 of that Order.
(4) In this paragraph and in paragraph 3—
(a) the “relevant CPI percentage” for a tax year is the percentage by which the consumer prices index for the September before the start of the tax year is higher than it was for the September before that (or 0% if it is not higher);
(b) the “consumer prices index” means the all items consumer prices index published by the Statistics Board.”
This amendment imposes a duty on the Department for Communities in Northern Ireland to secure that Universal Credit for LCWRA claimants who are existing claimants, meet the severe conditions criteria or are terminally ill increases in line with inflation.
Amendment 9, page 14, line 34, at end insert—
“(1A) Where it is necessary in order to achieve the result in sub-paragraph (1B) for any of the tax years 2026-27 to 2029-30, the Department for Communities in Northern Ireland must exercise the power in section 4(2)(a) or (6)(c) of the Welfare Reform Act (Northern Ireland) 2007 to increase—
(a) any amount of the severe disability premium or enhanced disability premium specified in Part 3 of Schedule 4 to the Employment and Support Allowance Regulations (Northern Ireland) 2008 (S.R. (N.I.) 2008 No. 280) for that tax year (so far as prescribed under section 4(2)(a) of that Act),
(b) the amount specified in paragraph 13 of Part 4 of that Schedule for that tax year (so far as specified under section 4(6)(c) of that Act), or
(c) any amount of the ESA IR personal allowance for that tax year.
(1B) The result to be achieved for a tax year (“the current tax year”) is that for each combination of amounts referred to in sub-paragraph (1A)(a) to (c) to which a person could be entitled, the sum of those amounts for the current tax year is at least (in each case) the amount given by increasing—
(a) the sum of those amounts for the previous tax year, by
(b) the relevant CPI percentage for the current tax year.”
This amendment imposes a duty on the Department for Communities in Northern Ireland to secure that the employment and support allowance for claimants who receive a disability premium or the support component increases in line with inflation.
Amendment 10, page 15, line 8, leave out paragraph 4.—(Sir Stephen Timms.)
This amendment leaves out the personal independence payment paragraph in Schedule 2 (Northern Ireland).
Schedule 2, as amended, agreed to.
Title
Amendment made: 11, title, line 4, leave out from “allowance,” to end of line 5.—(Sir Stephen Timms.)
This amendment amends the long title in consequence of Amendments 4 and 10.
The Deputy Speaker resumed the Chair.
Bill, as amended, reported.
Bill, as amended in the Committee, considered.
19:38
Proceedings interrupted (Programme Order, 1 July).
Question put forthwith (Standing Order No. 83E), That the Bill be now read the Third time.
19:38

Division 265

Ayes: 336


Labour: 333
Independent: 3

Noes: 242


Conservative: 91
Liberal Democrat: 65
Labour: 49
Independent: 11
Scottish National Party: 9
Green Party: 4
Plaid Cymru: 4
Reform UK: 3
Democratic Unionist Party: 3
Social Democratic & Labour Party: 2
Traditional Unionist Voice: 1
Alliance: 1
Ulster Unionist Party: 1

Bill read the Third time and passed.