Asked by: Baroness McDonagh (Labour - Life peer)
Question to the Department for Business, Energy and Industrial Strategy:
To ask Her Majesty's Government what advice they (1) received from HMRC, and (2) gave to local authorities, on sleeping-in payments over the last ten years.
Answered by Lord Henley
All businesses – irrespective of their size or business sector – are responsible for paying the correct minimum wage to their staff.
It is not uncommon for employment law to be clarified in the courts and tribunals. Employment Tribunal judgments have, over time, clarified the position on what constitutes “work” in connection with sleeping time and therefore when the NMW is payable for sleep-in shifts. Government guidance issued in February 2015 included clarification from those judgments. Ministers from BEIS and the Department of Health most recently wrote to Local Authorities on 27 October 2017 regarding payment of NMW or NLW for sleep-in shifts to ensure clarity on those rules.
The Government recognises that the cumulative financial liability of penalties and arrears of wages associated with “sleep in” shifts could pose challenges to some providers in the social care sector. It is exploring options to minimise any impact on the sector and has opened discussions with the European Commission. It also introduced the interim Social Care Compliance Scheme (SCCS) on 1 November, which gives providers in the sector 12 months in which to conduct a self-review of any arrears and then up to three months in which to re-pay workers.
Asked by: Baroness McDonagh (Labour - Life peer)
Question to the Department for Business, Energy and Industrial Strategy:
To ask Her Majesty's Government when Ministers were notified that social care workers had been paid below the minimum wage for statutory sleeping-in care; when that information was passed on to Government agencies, including the NHS and local authorities; why social care providers were not notified earlier; and what steps they are taking to ensure such underpayments could not happen again.
Answered by Lord Henley
All businesses – irrespective of their size or business sector – are responsible for paying the correct minimum wage to their staff.
It is not uncommon for employment law to be clarified in the courts and tribunals. Employment Tribunal judgments have, over time, clarified the position on what constitutes “work” in connection with sleeping time and therefore when the NMW is payable for sleep-in shifts. Government guidance issued in February 2015 included clarification from those judgments. Ministers from BEIS and the Department of Health most recently wrote to Local Authorities on 27 October 2017 regarding payment of NMW or NLW for sleep-in shifts to ensure clarity on those rules.
The Government recognises that the cumulative financial liability of penalties and arrears of wages associated with “sleep in” shifts could pose challenges to some providers in the social care sector. It is exploring options to minimise any impact on the sector and has opened discussions with the European Commission. It also introduced the interim Social Care Compliance Scheme (SCCS) on 1 November, which gives providers in the sector 12 months in which to conduct a self-review of any arrears and then up to three months in which to re-pay workers.
Asked by: Baroness McDonagh (Labour - Life peer)
Question to the Home Office:
To ask Her Majesty’s Government whether they are planning to permit Irish citizens currently living in the UK to continue to do so following the UK’s exit from the EU.
Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
The close historic, social and cultural ties between the UK and Ireland have led to the creation of additional rights above those associated with common membership of the EU. The special status afforded to Irish citizens within the UK is rooted in the Ireland Act 1949 and, for the people of Northern Ireland, in the 1998 Belfast Agreement. Leaders in the UK and Ireland have confirmed their commitment to protecting the rights enjoyed by UK and Irish nationals when in the other State.
We remain committed to preserving the rights of Irish citizens within the UK.
Asked by: Baroness McDonagh (Labour - Life peer)
Question to the Department for Levelling Up, Housing & Communities:
To ask Her Majesty’s Government which local authorities will receive resources from the Better Care Fund in order to provide social care.
Answered by Lord Bourne of Aberystwyth
Spanning the National Health Service and local government, the Better Care Fund creates a single local pooled budget to promote the integration of health and social care services. All upper tier authorities with responsibility for adult social care benefit from the Better Care Fund. In 2015-16, local areas pooled £5.3 billion under the Better Care Fund in 2015-16, including £1.5 billion above the mandated minimum.The government consulted on the distribution of the additional funding from the improved Better Care Fund which comes in from 2017-18 as a part of the local government finance settlement 2017 - 2018 technical consultation. The consultation closed on 28 October and we are currently analysing the responses.
Asked by: Baroness McDonagh (Labour - Life peer)
Question to the Department for Levelling Up, Housing & Communities:
To ask Her Majesty’s Government what criteria they are using to determine how funds for social care to which local authorities have access will be allocated over the remainder of this Parliament.
Answered by Lord Bourne of Aberystwyth
Local authorities receive general unringfenced revenue funding to support service delivery, including adult social care, through the local government finance settlement. The government has made a four year funding settlement offer for this Parliament that has been accepted by 97 per cent of councils.
We are also providing up to £3.5 billion additional funding for social care by 2019-20 through a new 2 per cent social care precept and the Improved Better Care Fund. The government consulted on the distribution of the improved Better Care Fund as a part of the local government finance settlement 2017 - 2018 technical consultation. The consultation closed on 28 October and we are currently analysing the responses.
Asked by: Baroness McDonagh (Labour - Life peer)
Question to the Department of Health and Social Care:
To ask Her Majesty’s Government what communications they regard as necessary with carers, or future carers, before patients are discharged from hospital.
Answered by Lord Prior of Brampton
The involvement of patients and their carers is central to timely and appropriate discharge from hospital. Each hospital’s discharge policy should set out how patients and carers will be involved and discharge arrangements discussed.
Discussions should include providing full information about the options available and supplying patients and carers with a discharge plan.
Asked by: Baroness McDonagh (Labour - Life peer)
Question to the Department of Health and Social Care:
To ask Her Majesty’s Government whether communication with carers before patients are discharged from hospital will be included in the forthcoming carers strategy.
Answered by Lord Prior of Brampton
The forthcoming carers strategy will reiterate the importance of ensuring that families and carers are involved in the planning of hospital discharge and the role of local partners in ensuring this works well in practice.
The strategy will also highlight the range of guidance and support available to local areas and to families.
Asked by: Baroness McDonagh (Labour - Life peer)
Question to the Department of Health and Social Care:
To ask Her Majesty’s Government how many nursing training places were available in each year since 2000.
Answered by Lord Prior of Brampton
The following table shows the number of pre-registration nursing places (degree and diploma courses) that were available for each year since 2000.
Year | Nurse training places |
2000-01 | 19,460 |
2001-02 | 20,668 |
2002-03 | 21,949 |
2003-04 | 23,553 |
2004-05 | 24,956 |
2005-06 | 24,520 |
2006-07 | 22,964 |
2007-08 | 21,569 |
2008-09 | 21,732 |
2009-10 | 21,337 |
2010-11 | 20,327 |
2011-12 | 18,069 |
2012-13 | 17,546 |
2013-14 | 18,056 |
2014-15 | 19,206 |
2015-16 | 20,033 |
Source: Data provided to the Department of Health by the commissioners of pre-registration training
In December 2014, Health Education England published their Workforce Plan for England which includes their planned Education & Training Commissions for 2015-16.
Asked by: Baroness McDonagh (Labour - Life peer)
Question to the Department of Health and Social Care:
To ask Her Majesty’s Government what is the cost to date of the reorganisation of the National Health Service as a result of the reforms in the Health and Social Care Act 2012.
Answered by Earl Howe - Deputy Leader of the House of Lords
I announced in my Written Ministerial Statement of 23 July 2014, columns WS135-136, that the costs of implementing policies in the Health and Social Care Act incurred to 31 March 2014 were £1,316 million. This is the latest available figure.
These costs have been more than covered by the savings arising from the Health and Social Care Act, which up to 31 March 2014, were approximately £4.9 billion.
Asked by: Baroness McDonagh (Labour - Life peer)
Question to the Department of Health and Social Care:
To ask Her Majesty’s Government how many general practitioners have been dismissed by primary care trusts, or by the Care Quality Commission, in each year since 2005.
Answered by Earl Howe - Deputy Leader of the House of Lords
The information requested is not centrally collected. Departmental officials are aware that the General Medical Council does collect some demographic data about doctors and this is published in its annual report ‘The state of medical education and practice in the UK’.
The Care Quality Commission (CQC), the independent regulator of health and adult social care in England, has registered all general practitioner (GP) practices since April 2012. The CQC’s role is to inspect and regulate GP practices, including those practices run by single-handed GPs. The CQC regulates at a provider level and may remove a practice’s registration where care is not meeting the required standard. Actions taken against an individual GP would be the responsibility of NHS England for contractual issues and the General Medical Council for professional issues.