Northern Ireland (Executive Formation etc) Act 2019: Section 3(5)

Baroness Lister of Burtersett Excerpts

Tuesday 7th January 2020 Lords Chamber

[Baroness Lister of Burtersett (Lab)]

My Lords, I do not think it will come as any surprise to the Minister that I am here to resume our exchanges on the future of the welfare mitigation scheme, which were so rudely interrupted by the general election. Now that is behind us, it is imperative that we have some clarity on the future of the scheme. Following the debate on 28 October, the Minister wrote to me expanding on his response. Grateful as I am for his more detailed explanation of the Government’s position, I am afraid that it only underlines that position’s inadequacies.

I believe there is a consensus that the mitigations package continues to be necessary because of the differential impact on Northern Ireland of a number of key social security restrictions introduced since 2010. The package will be “sunsetted”—to quote the Minister’s letter, but is “sunsetted” really a verb?—at the end of March unless there is an Assembly in place to legislate for its continuation. As much as we all hope that current negotiations will be successful, although I am told the omens are not looking good, it would surely be foolhardy to bank on there being an Assembly in place in time to pass this legislation.

The alternative is what the Minister called

“delivery options for providing top up payments in lieu of the present mitigation scheme”,

which are being looked at by the Department for Communities in Northern Ireland. However, these top-up payments turn out to be no more than our old friend discretionary housing payments, which all concerned agree are totally inadequate, not least because, as it says on the tin, they are discretionary. Furthermore, there are various restrictions on DHPs relating to both the amount and the length of time for which they can be paid.

The Government’s own report, required by the law that we are debating today thanks to the noble Lord, Lord Empey, spells out the implications of their discretionary status:

“Discretionary Housing Payment provision would not be an extension of the existing welfare mitigation schemes. This is primarily because it requires an application from the claimant and it is a discretionary scheme, which means that a payment cannot be legally guaranteed. This provision would only be available for claimants affected by the Social Sector Size Criteria and the Benefit Cap. In the continued absence of the Assembly, the Department for Communities is now taking the necessary steps to prepare for a possible extension of the existing welfare mitigation schemes should appropriate legislation be made. Simultaneously, the Department is working with the Northern Ireland Housing Executive on preparatory work to broaden the eligibility criteria for the Discretionary Housing Payment scheme.”


This is crazy. How much Civil Service time is being wasted because the Department for Communities is having to prepare for two possible scenarios, little more than two months away, because of the Government’s refusal to act? How does it make sense to jettison a cost-effective scheme for one that will be much more costly to manage? More importantly, how much anxiety is this causing well over 30,000 low-income citizens of Northern Ireland, many of whom will be living in vulnerable circumstances?

I repeat: 31 March is little more than two months away. We need a clear commitment to action now, in the event of a functioning Assembly not being in place in time, so that both low-income citizens and civil servants can be secure in the knowledge that the mitigations scheme will be extended. I am sure it would be possible to take a one-clause Bill, with a tightly drawn long title so that it cannot be turned into a Christmas tree for wider amendments, through Parliament quickly, but we need a clear commitment to this without further delay.

In conclusion, will the Minister now acknowledge that the only alternative to the mitigations scheme is the wholly unsatisfactory discretionary housing payments? Will he therefore commit to go away and discuss with colleagues what can be done to guarantee now that, one way or another, the mitigations scheme will continue after the end of March? Will he undertake to report back to your Lordships’ House quickly? This, too, is a question of human rights, because the right to social security is a human right.