Home Care Workers

Debate between Lord Henley and Lord Wills

Monday 28th January 2019 Lords Chamber

[Lord Wills]

To ask Her Majesty’s Government what new steps they will take to ensure that home care workers are paid the national living wage for travelling between appointments.

[The Parliamentary Under-Secretary of State, Department for Business, Energy and Industrial Strategy (Lord Henley) (Con)]

My Lords, the law is clear: workers are entitled to the minimum wage for time spent travelling from one client to another. The Government are committed to enforcing minimum wage legislation. Workers who think they might be underpaid should first speak to their employer. Alternatively, they can call the ACAS helpline for advice and referral to HMRC for possible enforcement action.

[Lord Wills (Lab)]

I am grateful to the Minister for that reply. I am glad he recognises that there is a problem, and I hope he agrees with me that more needs to be done to address it. It is a disgrace that UNISON has estimated that over 50% of home care workers do not receive any payment for travelling between appointments. The National Audit Office has estimated that up to 220,000 such workers do not receive the national minimum wage. Clearly, something is going wrong and more needs to be done. The Government might be able to look at the way the Care Quality Commission regulates home care firms and to insist that it scrutinises all standard contracts to ensure that workers receive the payment they are due for travelling between appointments. Will the Minister agree to explore this option—I hope he will write to me with the results of his exploration—and if not, why not?

[Lord Henley]

My Lords, I will look at the figures the noble Lord cited. I am not sure I fully accept them. The role of the Care Quality Commission is to make sure that health and social care services provide people with safe, effective, compassionate and high-quality care. It is not within the remit of its inspectors to check the contractual arrangements of each home care worker. I will certainly ask officials to look at that and to ask colleagues in the Department of Health. I also make it clear that local authorities, when commissioning services and when guidance has been issued by the Government, should assure themselves and have evidence that their service providers deliver services through staff remunerated so as to retain an effective workforce. Remuneration should be at least sufficient to comply with the national minimum wage legislation via hourly pay or equivalent salary. That will include appropriate remuneration for any time spent travelling between appointments.

Protection of Freedoms Bill

Debate between Lord Henley and Lord Wills

Thursday 12th January 2012 Grand Committee

[Lord Henley]

My Lords, as I am sure that the noble and learned Lord will be aware, we never comment on the advice that we might or might not have received from the law officers, and I am not prepared to comment on this occasion. However, I join the noble and learned Lord in speculating on the very odd constitutional effects that an amendment such as this could have on the passage of legislation. It cannot be right that by submitting an appeal an outside party can restrict the passage of legislation. That is the crucial point in relation to this amendment. I will give way to the noble Lord, Lord Wills, in a moment if he can just keep calm. It would restrict the passage of legislation in Parliament and in effect govern how this place or another place does its business.

[Lord Wills]

I am perfectly calm, but I am very interested in following this debate, which has been fascinating. I understand the point that the Minister is making. The noble and learned Lord has raised an important constitutional question. However, could the Minister seek to find a way to reassure those of us who are worried about the other side of the argument? I am not making any comment on this particular Bill but, in the event that the suspicion arises that information is being deliberately withheld by the Government in an attempt to prevent proper scrutiny of a controversial Bill, which then goes through without that information being available—particularly to this House, whose particular role is to scrutinise on the basis of expert opinion and all the rest of it—what reassurance can he provide that this Bill and the processes of the Freedom of Information Act will not be used by the Government of any party to subvert proper scrutiny?

[Lord Henley]

I can give the assurance that the coalition Government have given again and again of our desire for genuine transparency. That is why we were committed to making the Freedom of Information Act work as well as it can, which is why we have brought forward amendments to the Act in this Bill. I can go no further than that in trying to reassure the noble Lord. There is a genuine commitment by this Government, and I do not believe that any Ministers would wish to subvert our processes by deliberately withholding information as the noble Lord seems to suggest. He will just have to take my word for it.

The noble and learned Lord put it best. It would be a novel and dangerous proposition and one that I cannot believe is in the best interests of Parliament that some outside party could restrict the passage of legislation through Parliament and in effect govern how Parliament does its business by putting in requests of this sort and causing delays. Therefore, I hope that the noble Baroness at this stage will not press the amendment—well, she cannot do so because we are in the Moses Room. I hope that she is content to withdraw the amendment, but I also hope that she has further discussions with my noble friend Lord Howe. No doubt they will keep those discussions to the Health Bill as it proceeds through this House.

Health: Animal Testing

Debate between Lord Henley and Lord Wills

Tuesday 4th October 2011 Lords Chamber

[Lord Henley]

My Lords, I am grateful to my noble friend for his underlining of the fact that there have been some misleading claims put out by organisations such as those he referred to. We obviously want to avoid using animals wherever possible but I think we all accept that if we want the National Health Service and modern medicine as a whole to function effectively, it is essential that we can test on animals and that we make sure that the availability of medicines and treatments has been developed or validated through research, with the appropriate use of animals where it is right to do so. Again, I am grateful to my noble friend for what he has had to say.

[Lord Wills]

In the light of inevitable budgetary constraints, can the Minister tell the House what steps his department and the Government generally are taking to ensure that there will be adequate levels of inspection and regulation for animals used in scientific procedures? In answering that question, can he confirm whether his department is already planning an overall reduction in staffing to that end?

[Lord Henley]

Again, I am grateful to the noble Lord for that question. I am new to the department but in terms of the briefing I have received, I am satisfied that there is appropriate testing and licensing of the place where animal testing goes on, the people who do it and the projects involved. It is important that all three—place, person and project—are tested, examined and licensed appropriately to make sure that there is proper and appropriate use of animals in that case.

Higher Education White Paper

Debate between Lord Henley and Lord Wills

Tuesday 28th June 2011 Lords Chamber

[Lord Henley]

Well, we will try not to quibble about 50,000 but I can see the odd accountant sitting opposite me. Of those, 65,000 are AAB students. We are not creating new places for them but we are allowing the HE institutions to compete for them. Therefore, the University of X might want to expand certain courses by bringing in more of those students, but that would mean, by definition, that the University of Y might lose out. However, we think that it is necessary to bring in that element of competition. The 20,000 places that I added to that are not for AAB students but for those where universities offer value for money with their courses coming in on average, after waivers and so on, at or below £7,500. Again, it will be open to universities to compete for those places. It is not a question of creating new places at this stage. However, if matters were to become more contestable, we would certainly want to look at that in the future, and, as I made clear in the Statement, we aim to expand the scheme further year after year.

I noted what my noble friend said about the cost of loans. Obviously loans are expensive but they would be considerably more expensive if they were not arranged by the Government. The Government can, after all, borrow at considerably cheaper rates than individuals.

[Lord Wills]

My Lords, I am grateful to the Minister for repeating the Statement made in the other place. He will be aware of widespread concerns about the damage that these reforms pose to the position of the humanities in higher education. I wonder whether he shares those concerns and if so, what he will do about them. If he does not share those concerns, why not?

[Lord Henley]

I simply do not accept those concerns, as was made clear in the debate we had some six months ago when we debated the original announcement about student loans. It will be up to the universities to attract the right students. Those students will bring the money with them that will pay for the courses.

Higher Education (Basic Amount) (England) Regulations 2010

Debate between Lord Henley and Lord Wills

Tuesday 14th December 2010 Lords Chamber

[Lord Henley]

I do not agree with that assessment because no one will be paying anything until they earn £21,000 or whatever the figure will be after it has been increased. That figure of £21,000 is roughly the average wage. Thereafter, we go on up to about £42,000 before people pay the maximum, which is RPI plus 3 per cent. I do not think that that is the credit card levels of interest that the noble Lord and others seem to imply. That is not a heavy repayment to ask of someone on £30,000, £40,000 or even £50,000 or £60,000. If we take medical students as an example, a GP now earns in excess of £100,000. When one thinks of their investment, that is not a bad return.

I now want to deal with timing, as it has been alleged that we are rushing this through too fast. I want to stress again that we have a responsibility to give students, their families and the universities certainty about what arrangements will be in place for the 2012-13 academic year. One has to remember that, although the White Paper will not come out until early in the new year, already by then students will be beginning to visit the universities that they want to apply to for 2012. They will be starting to apply in the summer of 2011 for some courses, so everyone, including the institutions, need to know where they stand and when they can plan ahead.

Finally, I come back to the nature of the amendments. The noble Lord, Lord Triesman, has sought to reassure the House that his amendments are merely an invitation to the Government and another place to think again. I make it clear in no uncertain terms that this is not an occasion when we can think again. These two amendments are fatal and, if carried, would negate and override the vote in another place last week.

[Lord Wills]

Before the Minister concludes his remarks, I wonder whether he will address the question of humanities in the curriculum of our universities. What guarantee can he give that humanities will continue to have an appropriate place in curriculums?

[Lord Henley]

They will have an appropriate place in the curriculum. Universities will be able to charge fees to students and will receive them up front without the students having to repay anything. The fees will then go to the universities. That is what this is all about. In the end, the good universities will flourish and good courses will also flourish.