Wednesday 15th June 2011

(12 years, 11 months ago)

Commons Chamber
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Fiona O'Donnell Portrait Fiona O'Donnell
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I thank the hon. Gentleman for his support.

Let me talk about a few of the other people who lived at Upper Springland. David had no voluntary movement of his arms and legs, and a little movement of his head. He had no verbal communication. He was completely dependent but he had an incredibly active mind. He was able to communicate through an auxiliary voice and communication system. When he asked to have some swear words programmed into his computer, it caused some discomfort for the rather old-fashioned manager of the residential home as David wandered around the corridors telling everyone to “Eff off!”

David had come from Edinburgh to Upper Springland because of its excellent reputation. He would love to return home on visits to see his family. I personally accompanied David on his last visit to his father before his father died and also to the funeral. I have genuine concerns about that. The Secretary of State shakes his head, but unless we get a definition of what the overlap means, how can we have any confidence? The organisations out there representing people with disabilities do not have confidence in the proposal, so the Secretary of State has no reason to shake his head.

There was another young woman called Joyce who was not only active—she played a sport called boccia and travelled around the world—but had a job for a few hours a week so that she did not lose her benefits, and volunteered in various organisations. To support her to do that, she needed the flexibility to be able to book her own taxi to go to work and to participate in the other activities. There was Maggie, who refused to travel in the transport available at the centre because there was a great big sign up the side of the vehicle which said “Capability Scotland” and she did not see why she should be branded, but going to church every Sunday was very important to Maggie.

These are people I cared about and people I cared for. I fear greatly for what will happen to them and what their future lives will be like if the House does not support the amendments.

I have been critical of the Minister and other Members on the Government Benches, saying that they do not understand what disability and residential care mean. I heard the Prime Minister in one session of Prime Minister’s questions talk about people in residential homes. Then, it was an anomaly between them and people in hospital. Now the Prime Minister seems to acknowledge that residential care is a social model, not a medical model. He has said that the DLA mobility component is not being removed, but the evidence in the Red Book is that it will disappear, so I am not reassured even by a six-month stay of execution.

We must ensure that people continue to have the same choices as people living outside residential care homes. I do not like to talk about people living in the community, because people who live in residential care homes are also part of our community. What evidence is there of an overlap there? Charitable organisations provide access to vehicles, so is the Minister going to assess whether there is an overlap there as well?

People in residential care make the same choices as we do. How many of us do not need a car? We could use public transport, but for those people to buy an outdoor electric wheelchair, which they would not be entitled to under the NHS assessment, makes all the difference to their lives. Why should they not have that choice? It is not just about Motability cars. It is also about people who have entered into contracts and loans to pay for those electric wheelchairs. All these months on from the Westminster Hall debate, we still do not have an answer from the Minister about what will happen to those people.

A further topic that the Minister has not addressed—the hon. Member for Cardiff Central had great hopes that she would talk about it today—is the situation in respect of the devolved Governments of the United Kingdom. If the Minister has any expectation that there will be regulation of residential care homes or a duty placed on them to provide a service to people with disabilities, if she thinks she can compel the NHS to start providing more mobility adaptations to people with disabilities, and if she believes in the universality of the benefit, how can she ensure that people in Scotland will always retain the same benefits as people in the rest of the United Kingdom? She did not clarify that, so I would like to give her the opportunity now to intervene and answer that question. [Interruption.] No?

Alan Reid Portrait Mr Reid
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Will the hon. Lady give way?

Fiona O'Donnell Portrait Fiona O'Donnell
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All right; someone else will speak.

Alan Reid Portrait Mr Alan Reid
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(Argyll and Bute) (LD): Surely the hon. Lady, as a Scottish Member, knows that it is up to the Scottish Parliament to decide on devolved matters. That is what devolution is all about. It is up to the Scottish Parliament to decide whether it provides that benefit or not.

Fiona O'Donnell Portrait Fiona O'Donnell
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I know that. I am questioning whether the Minister understands that that is the situation we find ourselves in and the impact it will have. Will the review include Scotland and the other devolved areas of the United Kingdom?

Fiona O'Donnell Portrait Fiona O'Donnell
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I absolutely take heed of that and apologise if I have taken too much of the House’s time, but I feel passionately about this issue. I will bring my remarks to a close by saying that I hope hon. Members will walk through the Lobby with us to vote in favour of the amendments that my colleagues and hon. Friends on the Front Bench have tabled.

Alan Reid Portrait Mr Reid
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I had wanted to speak tonight on my concerns about the proposal not to make any personal independence payment for the first six months, but I will speak about that later. Further to what the hon. Member for East Lothian (Fiona O'Donnell) has just said, my understanding of the Government’s position is that there is an overlap, and it is perfectly correct that where an overlap has been identified we ought to have a review. It is also important to stress that we are not abolishing the mobility component for people in care homes by voting against the amendment tonight; we will be voting to give the Government the power to make regulations.

Margaret Curran Portrait Margaret Curran
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Will the hon. Gentleman give way?

Alan Reid Portrait Mr Reid
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I am sorry, but there is no time.

What concerns me about the Bill as it stands is that those regulations will be made by the negative procedure, which does not give Parliament the absolute right to scrutinise and vote on them. I have put my name to amendment 74, tabled by my hon. Friend the Member for Cardiff Central (Jenny Willott), which proposes that the regulations should be made by the affirmative procedure.

Maria Miller Portrait Maria Miller
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Given the strength of feeling on this matter, from my hon. Friend and others, I am happy to give a firm undertaking that the regulations will be made under the affirmative procedure to ensure that we get the debate that I know the House wants on the matter.

Alan Reid Portrait Mr Reid
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I am extremely grateful to the Minister for that—I wish that every time I spoke for a minute I could bring about a change in Government policy.

In the few minutes remaining, I want to talk about the proposal not to pay any PIP for the first six months. What concerns me is that that will impact severely on people who have a sudden onset of a very disabling condition, such as a stroke, cancer or the loss of a limb. Thankfully, that happens only to a relatively small number of people of working age, which means that any savings the Government would make would be very small. However, for someone in that unfortunate position the first six months is often when the costs are greatest. They and their families have to adjust to the sudden reality of coping with a disability. During those months, people are often faced with extra costs such as special aids, adaptations to their homes or frequent trips to a specialist hospital that might be far from where they live. Adaptations to the home are up-front costs that need to be paid within the first six months. Depending on their condition, those people might face many other costs.

Another relevant issue is that until PIP is awarded, other benefits such as carer’s allowance are not available. Therefore, I urge the Government to look carefully at ways of taking those circumstances into account and see whether they can find a way to make financial help available for people in that position so that they can cope with the extra costs they face in the six months after the onset of the condition.

Sheila Gilmore Portrait Sheila Gilmore
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I want to speak briefly to the question of three and six months, because the Government have said that people will be able to find other forms of assistance. What they mean by that is means-tested assistance, but many people will not qualify for it, because their partner might earn as little as £7,500 a year or have—