Wednesday 14th March 2012

(12 years, 2 months ago)

Westminster Hall
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Anne McGuire Portrait Mrs Anne McGuire (Stirling) (Lab)
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I am delighted to follow the hon. Lady the Member for Brentford and Isleworth (Mary Macleod). It is a pleasure to be in Westminster Hall under your chairmanship, Dr McCrea. I do not think that we have met in these circumstances before. I am delighted to be here today.

I want to pay tribute to my right hon. Friend the Member for Coatbridge, Chryston and Bellshill (Mr Clarke). I have known him for many years, long before he was a Member of the House. I know from previous experience that he has long been an advocate for support services for women, not only in his own constituency, but across Scotland. For Members who may not be as aware as I am of my right hon. Friend’s history, he was the president of the Convention of Scottish Local Authorities at one point.

My right hon. Friend has done rather a lot in his life—for a man who is only 45. He was president of COSLA when local authorities in Scotland were trying to come to an understanding of what violence against women—it was mainly, but not exclusively, violence against women—meant for those women, their families and their communities. He was part of the drive in Scottish local authorities to recognise the problem and deliver services. It is fair to say that that was not always easy. Many local authorities turned their face against the provision of such services, and many a battle had to be fought to establish the idea that there should be a discrete service focused on women’s needs as part of mainstream activity. I hope my right hon. Friend does not mind my embarrassing him, but we sometimes forget that people had a life before they came into Parliament, and it is worth putting part of that history on the record.

From my right hon. Friend’s analysis, we can see the benefit of the experience that he brings to this subject. He is an assiduous constituency Member of Parliament and he keeps in touch in a way many of us might replicate; I am not saying that we are all bad constituency MPs, but I can verify that he is one of those Members who is known to all his constituents and who knows all of them. It is not often that we get the opportunity to pay a little tribute to one of our colleagues, and I hope that his ego can stand it.

My right hon. Friend’s analysis of the situation was telling. He emphasised that it is not only statistics that are important. As politicians, we talk about statistics, but every one of them represents an individual person who is part of a family, a street and a wider community. That was echoed in the contribution by the hon. Member for Brentford and Isleworth and in other Members’ interventions.

There are two themes in the debate, but I want to concentrate more on one of them, although I appreciate that the Minister will wind up on both. One theme is the responsiveness of the benefits system to women—it is mainly women we are talking about. I hope, however, that that is not misunderstood; as the hon. Member for Hastings and Rye (Amber Rudd) mentioned, this is not just about women, and there are men who find themselves in this position. However, the overwhelming majority of cases involve women, so, for shorthand purposes, I will talk about them.

Amber Rudd Portrait Amber Rudd
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My point was that welcomed the fact that men are participating in a debate that is primarily about women. I totally support what the right hon. Lady says, but I also welcome the fact that it is not only women who are supporting action on this important issue.

Anne McGuire Portrait Mrs McGuire
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I appreciate that. I may not have explained myself properly. I was saying that there are men who find themselves on the receiving end of domestic violence. However, I fully endorse the hon. Lady’s comment that this is not just a women’s issue; it affects women, but we should all be interested in it. I am more than happy to make that clear.

As I was saying, there is the specific issue of how the benefits system responds. There are then the wider elements that have been highlighted, and there is significant expertise at practitioner and political level on some of them. It is fair to say that some of the issues about the benefits system relate to continuing uncertainty about what the new Welfare Reform Act 2012 will deliver. People who rely on some element of benefit support and who are in or—this is increasingly the case, sadly—out of work face uncertainty, as the Government roll out their welfare reform programme. We have had some pretty robust debates on welfare reform, and I will not go back over them. However, we want to see what can be delivered under the new legislation to make sure people understand what its impact on them will be.

I want, therefore, to deal with some specific points about the impact of the new welfare legislation on women who face domestic abuse or domestic violence. As the Minister will be aware, the benefits system is designed for the many, but it must also show sensitivity to individual circumstances. I hope we all agree that such circumstances are sometimes difficult to anticipate and, even when we do anticipate them, difficult to frame provisions for in primary legislation. I hope that she will be able to give Members and, more importantly, those who face the trauma of domestic violence some confidence that what is being put in place can respond to individual circumstances. The test of any benefits system is not the high-level principles or the high-level legislation, but what the system means to an individual when they are at a point of need and how responsive the system is.

Gregory Campbell Portrait Mr Gregory Campbell (East Londonderry) (DUP)
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The right hon. Lady has come to an important point. Does she agree that one consideration for women who face the threat, or who are victims, of domestic violence in deciding whether to go to Women’s Aid or other such groups is often the impact that that could have on the benefits to which they or their family are entitled? The female at risk often gives more serious consideration to that than to the fact that she is being abused.

Anne McGuire Portrait Mrs McGuire
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I totally agree. That echoes the point made by my hon. Friend the Member for Dumfries and Galloway (Mr Brown)—he is no longer in his place—who said that, given that uncertainty, women go back go the household where they were abused. If they have never engaged with the benefits system—and even if they have—there is an element of uncertainty about the time frames. It may not be entirely clear what will happen to their child benefit. Who gets the child benefit at the moment? Technically, it goes to women, but that might not be the case in some abusive relationships. As well as having to deal with violence and abuse, women face that financial uncertainty. We should not underestimate how difficult it is for women who are trying to get out of a violent situation not only to have to worry about the impact of the violence on them and their children, but to face uncertainty because they might be stepping off the edge of a cliff and they do not know what will happen. I totally endorse what the hon. Gentleman says.

Will the Minister tell us how organisations that offer hostel and supported accommodation will be treated in the assessment of housing support assistance in the new system? Currently, supported accommodation providers are allowed to breach the local housing allowance cap, because an element in the costs allows them to charge for additional support services, such as those provided by Women’s Aid or similar organisations, although Women’s Aid is obviously the principal provider.

We are seeing a real-terms cut in supported housing costs across the country, and we cannot run away from that. Local organisations that offer accommodation will therefore face a cut in any circumstances. Indeed, there is evidence to suggest that women’s aid organisations are receiving a greater funding cut than local authorities—there is a differential of 4% or 5%. There is therefore uncertainty, and if organisations that offer supported accommodation cannot make up the additional costs, there will be a real threat—this is what my right hon. Friend the Member for Coatbridge, Chryston and Bellshill was alluding to—to the financial viability and, indeed, the very existence of their hostels.

The Minister understands the commitment of those in organisations such as Women’s Aid who are able to give the support that is needed at a very difficult time; but although that voluntary activity is important, it is not the only element of the support that is given. There are services that have a cost attached to them, and we cannot ignore that.

Kate Green Portrait Kate Green
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Does my right hon. Friend agree that that might have an impact on providers of specialist services, such as those for minority ethnic women, or very young women? Such organisations cannot take advantage of economies of scale, by providing for large numbers, as some housing associations can; but if we lose that specialist provision, some very vulnerable young women will be reluctant to go anywhere for support.

Anne McGuire Portrait Mrs McGuire
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What my hon. Friend says echoes what I said at the beginning of my speech about how the benefits system relates to specialised individual needs. I hope that the Minister will give us some comfort on that matter.

I suppose that my direct question to the Minister is whether those in receipt of local housing allowance who go into women’s hostels will receive just the basic housing allowance; or will the hostels be able to charge an additional amount, to be covered by the local housing allowance? My right hon. Friend the Member for Coatbridge, Chryston and Bellshill made that point starkly when he talked about the pressure on Monklands Women’s Aid. There may be a misunderstanding, and if so I am sure that we would love to receive clarification.

The Minister appreciates that some women and, as I have said, some men are forced to leave their homes as a result of domestic violence and need not just a roof over their head but significant support. The hon. Member for Brentford and Isleworth highlighted that.Like other hon. Members, I hope that the Minister will consider how to finesse the new system of local housing allowance to take account of those additional services. Otherwise, I fear for the long-term viability of women’s aid organisations that provide hostel accommodation.

I am echoing comments that other hon. Members have made when I say that some women who have left home may have little or no experience of budgeting, or may be in such a state that budgeting is the last thing on their minds. The direct payment of rent in those circumstances would benefit some people. I agree with the hon. Member for Hastings and Rye that, in principle, giving people the independence to pay their own rent is good practice. Indeed, we introduced that when in government, because it lessened some of the stigma effects—the “No DHSS here” signs and other such things—but we must be realistic and say that in some specific circumstances people would benefit from having their rent paid directly. I hope that the Minister will consider a range of exemptions, to allow those who want it and who feel that they need it at the time in question to access direct payment. I may be wrong, but I understand that the Minister, or the Department, is currently considering such exemptions. Perhaps she will be able to give us interesting news.

The Minister will be aware that on Monday a Delegated Legislation Committee debated the Jobseeker’s Allowance (Domestic Violence) (Amendment) Regulations 2012. The Government’s proposal to ease some of the JSA conditionality on those coping with domestic violence was unanimously accepted. We certainly welcome that decision, which implemented elements of the Welfare Reform Act 2009. Although there have been, as I said earlier, some robust Divisions on welfare reform provisions, the regulations in question were welcomed by my right hon. Friend the Member for East Ham (Stephen Timms).

However, I want to ask for the Minister’s view on an issue on which the views were not unanimous: how welfare reform will affect the capacity of women’s aid organisations to seek housing for women. There are serious concerns about the effect of the change to the shared-room rate of local housing allowance under the Welfare Reform Act 2012 on victims of domestic abuse and the possibility that it will make it difficult for some women to move easily from hostels to independent accommodation. The fact that the age limit is being extended from 25 to 35 makes it difficult, particularly for women who have been used to an element of independence. Is the age of 33, given all the other things happening in the life of such a person, really the time—I should not say “you”, Dr McCrea, but in Scotland “you” is the vernacular for “one”—when you should think about going into shared accommodation, perhaps with strangers? There is concern about that; I have certainly picked it up from women’s aid organisations.

Kate Green Portrait Kate Green
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I agree that that is a concern, particularly for women who have had traumatic experiences of violence. They will be reluctant to move into shared accommodation with people—potentially men—they do not know. Is not the likely result therefore that some of them remain in the refuge, reluctant to leave, so that there will be a sort of bed-blocking situation? Then other women who need to flee to the refuge will not be able to do so.

Anne McGuire Portrait Mrs McGuire
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That is the general feedback that many hon. Members are getting from women’s aid organisations. The age of 35, for women in that situation, is perhaps inappropriate.

Amber Rudd Portrait Amber Rudd
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It would be interesting to see the evidence for that. I say that in all honesty, because the right hon. Lady’s argument is interesting, but for some women being in shared accommodation with other women in a refuge might be helpful. Shared support is important.

Anne McGuire Portrait Mrs McGuire
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That is a fair point, and it was the argument prosecuted by the Minister on Monday. However, it is one thing to offer women the choice to stay in accommodation with other people; for many women that would not be their choice. Although it is anecdotally-based, the view that that requirement might be an impediment to moving women into their own accommodation has a strong resonance in women’s aid organisations.

The regulations passed on Monday proved that the general can be finessed to the specific, and I hope that the Minister will discuss with her departmental colleagues whether some easement of the relevant aspect is possible, so that women, many of whom have been their own person for a long time, will not be forced into a particular choice, but offered a range of choices. Are we really going to say to those women that the only option for them at 33 or 34 is to share a flat with someone else—and not necessarily, as my hon. Friend the Member for Stretford and Urmston (Kate Green)pointed out—people they know?

Another element on which I wish to question the Minister is the way that the new universal credit regulations will work for those who have had to leave home because of domestic abuse. Universal credit is a household benefit, and a test of its responsiveness to individual circumstances will be how flexibly it enables one allocation to a household to be deconstructed when one partner leaves the household, often in traumatic circumstances. That is a question not just of the speed of response, but of how that will give the confidence that was spoken of earlier. I appreciate that the decision makers dealing with these issues might not deal with them daily, but we need some confidence that they will be able to respond quickly to those who need to establish a second claim for universal credit under the new regulations.

Kate Green Portrait Kate Green
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I want to ask about women who flee violence and do not go to a refuge, or who leave a refuge to set up their own home. Does my right hon. Friend agree that another concern about the welfare reforms is the uncertainty about the localising of the social fund? Many women fleeing domestic violence depend entirely on the social fund to set up their new homes. Does she agree that it would be useful if the Minister indicated what guidance will be issued to local authorities under the Welfare Reform Act 2012?

Anne McGuire Portrait Mrs McGuire
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That is a good point, and I am glad that my hon. Friend has slotted it in.

There is a question about how the social fund will be delivered to the devolved Administrations. Will it go directly to them or to local authorities? Will the devolved Administrations be the intermediaries? The reason why I highlight that in the presence of my right hon. Friend the Member for Coatbridge, Chryston and Bellshill is that he has had bitter experience with an allocation of funding at a UK level for respite care for disabled children. As a proportion under the Barnett formula, it went to the Scottish Government, but then—I shall be generous—we could not quickly identify where the money went. It appeared to be wrapped up in other funding packages; it certainly did not appear to be delivered as my right hon. Friend’s Committee intended.

I will wind up with one or two general points. We have focused to a certain extent on the benefits side, but there are wider issues. Although I appreciate that the Minister does not have direct responsibility for those wider issues, I hope that she will take them on board in her discussions with her colleagues. It is fair to say that women’s support services feel that they are facing a precarious future out there, owing to the uncertainty of funding. It is widely recognised that domestic abuse accounts for between 16% and 25% of violent crime in this country. It is not disappearing. It is there, and our police forces are aware of it.

Cuts are being made to policing. We can debate how many and how much. Street lighting is under pressure, as are women’s support services, including refuges. All those factors affect the wider issue of women’s safety in this country. I hope that the Minister will allay some of our fears and give my right hon. Friend and me confidence that she understands the issues and is prepared to see how the Government, particularly the Department for Work and Pensions, can respond.

Lord McCrea of Magherafelt and Cookstown Portrait Dr William McCrea (in the Chair)
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I am sure that we would all agree that the right hon. Member for Coatbridge, Chryston and Bellshill (Mr Clarke)had a distinguished career before first coming to the House. He will be happy to know that we do not need birth certificates to be produced to agree with those comments by the right hon. Member for Stirling (Mrs McGuire).

Maria Miller Portrait The Parliamentary Under-Secretary of State for Work and Pensions (Maria Miller)
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It is a pleasure to serve under your chairmanship, Dr McCrea. I congratulate the right hon. Member for Coatbridge, Chryston and Bellshill (Mr Clarke) on securing this debate. We have worked together on numerous issues in recent years, and I know that his tenacity and commitment are second to none. I underline how important it is that we debate this issue. My hon. Friend the Member for Hastings and Rye (Amber Rudd) said that it is an issue for both men and women, and the fact that the right hon. Member for Coatbridge, Chryston and Bellshill secured this debate underlines that.

On behalf of everybody who has contributed to this debate, I pay tribute to all the organisations involved in supporting women, men and children facing the ordeal of domestic violence. I marvel at the work of the Basingstoke Rape and Sexual Abuse Crisis Centre in my constituency, which employs a dedicated group of people who bring a much-needed service to an important part of my constituency. I am sure that all hon. Members can look to similar organisations in their constituencies.

I am grateful for this timely opportunity to discuss how the welfare system supports and will support those affected by domestic violence. As hon. Members have mentioned, significant changes will take place as a result of the Welfare Reform Act 2012, particularly the introduction of universal credit. Domestic violence is a dreadful act of abuse, and the Government are absolutely determined to tackle it. There are many matters that I would like to discuss in response to the issues raised by hon. Members. I will try to address each in turn.

It is unacceptable that 7% of women and 5% of men reported having experienced domestic abuse in the past year. That is equivalent to around 1.2 million women and 800,000 men. The violence against women and girls action plan, launched in March 2011, was refreshed earlier this month and sets out numerous commitments that the Government have made across the board: to improve prevention, which my hon. Friends discussed in interventions; to challenge attitudes and behaviours by taking action early to ensure that the perpetrators of violence are brought to justice; to support victims of abuse in all its forms better by working with partners to reach out across communities; and to ensure that Government support is appropriately tailored to victims’ individual needs.

To pick up on the points made by my hon. Friends the Member for Wirral West (Esther McVey) and for Brentford and Isleworth (Mary Macleod), it is absolutely right that prevention must be at the heart of our approach, as well as breaking the cycle that we as constituency MPs all too often see in action. We can do so by working with children, as my hon. Friend the Member for Wirral West highlighted in her contribution.

I am mindful of hon. Members’ concerns about future funding for services that support victims of domestic violence. I hope that hon. Members will be content to hear that the Government constantly consider ways to strengthen protection for victims and that we have taken a different approach by ring-fencing nearly £40 million of stable funding up to 2015 for specialist local domestic and sexual violence support services and rape crisis centres in England, as well as funding the national domestic violence and stalking helplines. It is the first time that funding has been ring-fenced on a stable basis for domestic and sexual violence victims, and I am clear that local authorities should view funding for services to support victims of domestic violence as essential.

The right hon. Member for Coatbridge, Chryston and Bellshill will also be aware that in Scotland, decisions on funding applications for projects that focus on tackling violence against women will be announced shortly by the Scottish Government. I am pleased, as are key partners such as Scottish Women’s Aid, that funding for violence against women, including victims of domestic abuse, will be maintained throughout the spending review period. I hope that he will welcome that as a concrete commitment.

The right hon. Gentleman’s main point involved housing benefit, but other Members discussed the broader issue of the benefits system, so I will address that first, hopefully providing some of the reassurance that hon. Members seek in these times of change. We heard from the right hon. Member for Stirling (Mrs McGuire), who spoke for the Opposition, about this week’s approval for proposed changes to jobseeker’s allowance regulations. That legislative change will now come into force on 23 April and allow victims of actual or threatened domestic violence who are in receipt of jobseeker’s allowance to be exempted from job-seeking conditions for a period of up to 13 weeks, provided that evidence from an appropriate representative can be produced and that other conditions are met. That will continue with the introduction of universal credit.

It is right that victims of domestic violence who claim JSA or are new to claiming it can spend some time focusing on stabilising their lives. As we have heard from hon. Members today, that is a challenging time for the individuals concerned, and they need time to get their lives and, where applicable, their children’s lives straight. It is also right that they can do so without having to demonstrate that they are actively seeking or available for employment, or face the threat of sanction. I hope that hon. Members will feel that that is a clear sign of the Government’s commitment.

A further sign of how seriously we take the issue is that alternative support remains available via the existing JSA domestic emergency exemption for victims who are either unable or perhaps unwilling to produce evidence. We have a twin-track approach, which is important to note.

While the easements that operate under JSA are, as I have explained, commendable, they are somewhat complex. That is why the Government are already taking steps to clarify them as we move forward with universal credit. That shows our clear commitment in the area, and I hope hon. Members will welcome that.

On the subject of today’s debate, housing benefit, some victims of domestic violence live in a hostel or a refuge. Currently, many, if not all, refuges have their rents met in full through housing benefit, which is usually paid directly to the hostel. Refuges are exempt from the local housing allowance, and residents have their housing benefit worked out using rules that recognise the additional costs that the hon. Member for Stretford and Urmston (Kate Green) talked about in her intervention.

The Government consulted last year on changes to the way in which housing benefit meets the costs of people living in supported housing, such as refuges. Our consultation paper, “Housing benefit reform—Supported housing”, was published on 19 July 2011, and the consultation period ended on 9 October 2011. We are considering the responses to the consultation and intend to bring forward proposals as soon as possible for implementation in 2013. Let me clarify that we do not intend to change the way in which payments of housing benefit are made to people living in hostels or refuges. All tenants who live in the social rented sector, as well as those living in supported housing, normally have housing benefit paid directly to their landlords. That will continue until housing benefit no longer exists and is replaced by universal credit between 2013 and 2017.

Anne McGuire Portrait Mrs McGuire
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As well as the process of payment, will the calculations allow hostels to have a higher charge than that which would be commensurate with social housing in the area?

Maria Miller Portrait Maria Miller
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There are a number of specific points, such as the one just made by the right hon. Lady, that I want to go into. I will deal with her point first.

We currently support around 170,000 claimants living in supported accommodation through housing benefit. They receive on average an extra £40 a week in housing benefit in recognition of extra costs. We expect higher payments for that sector to continue. I hope that the right hon. Lady feels that that starts to answer some of her points.

The right hon. Lady also asked several questions about how hostels will be treated under universal credit. Currently, we are considering how we will support housing costs for people in hostels under universal credit. Our consultation is helping to inform that, and we will involve stakeholders in the process before we issue regulations.

The right hon. Lady asked some important questions about people who are subject to the shared accommodation rate. I reassure her that the situation applies to a distinct group of individuals: those who are under 35, on their own, with no children, and moving into private sector accommodation. She is probably already aware that many exemptions are in place for vulnerable groups—for instance, those who receive the severe disability premium.

We have also introduced several further exemptions from this January—for example, for ex-residents of homeless hostels who have received help to resettle in the community. I reassure the right hon. Lady that if there are still individuals who, local authorities feel, require their own space, discretionary housing payments are also available, and they have been increased by some £130 million. That will allow local flexibility and discretion, which can make all the difference in such cases.