ESA Underpayments

Barry Sheerman Excerpts

Thursday 19th July 2018 Commons Chamber

[Sarah Newton]

My hon. Friend makes such an important point. I work very closely with a range of stakeholders, including the absolutely outstanding citizens advice bureaux. We will ensure, as we do in all the work we do, that they are fully updated so that they can give their customers good advice. I say to everyone in the House and to everyone listening that if people are struggling to make ends meet or are uncertain about what benefits they might be entitled to, they should go to Jobcentre Plus. There they will be greeted by compassionate, well-informed members of staff who will want to help them.

[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

As a former shadow Minister with responsibility for disability rights—a very long time ago—I have a keen interest in this, and, as chairman of the Westminster Commission on Autism, a contemporary one. In my time, I have seen a lot of mistakes in this kind of area. The secret is to come to the House, to apologise fulsomely and to put it right. The numbers she mentioned mean a lot of people in every constituency. Will she ensure that she does something fast to compensate them, and to help Members of Parliament, who with Windrush and this issue have an even greater workload in helping their constituents?

[Sarah Newton]

I thank the hon. Gentleman for his question and for his vital contribution. His work on autism, along with colleagues across the House, is really important. I always welcome opportunities to meet the cross-party group and I seriously consider all its reports. As soon as we identified the problem and how to sort it out, we were very open, coming to the House and updating it regularly, so that we can sort the problem out as soon as possible and provide Members with the information they need. I am first and foremost a constituency MP and I hold my weekly advice surgeries, so I know MPs’ vital role in supporting people through the benefits journey in our country.

Oral Answers to Questions

Barry Sheerman Excerpts

Monday 2nd July 2018 Commons Chamber

[Ms McVey]

I want to recognise all the hard work that my hon. Friend does in his constituency. Yes, his constituents will get a better service now that we have added those changes. However, he does not have to take my words for it. Chloe, a lone parent, said: “Universal credit is easier than the old system, and it has helped me to get a job. It is simpler, as I do not have to keep putting my wage slips in. I can actually vary my wages and get paid automatically.”

[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

Has the Secretary of State looked into the level of satisfaction of people on the autism spectrum and of those facing similar challenges? Her Department’s offices around the country are very autism-unfriendly and difficult places for people on the autism spectrum to approach. When will her Department have a policy for autistic people?

[Ms McVey]

I share the hon. Gentleman’s concern for young people, or anybody, with autism. This is something that we, as a country, have to get right, as we are seeing a rising number of people with autism. Both sides of the House work very closely on this, whether it is my hon. Friend the Minister for Disabled People, Health and Work or Opposition Members.

--- Later in debate ---

[Mr Speaker]

Well, we are all now considerably better informed.

[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

T2. If the Secretary of State wants people to have confidence in her Department, what is she doing about Motability? Is it true that its chief executive is on £1.7 million and that it has reserves of £2.4 billion? Many people who are struggling support Motability, but they want to know what is going on.

[Ms McVey]

Again, the hon. Gentleman raises a good point. As he will be aware, I am working with Opposition Members and with the Work and Pensions Committee to make sure that money from Motability—the charity or its operations—is being spent correctly and, most importantly, on disabled people. A report is being produced at this very minute.

Oral Answers to Questions

Barry Sheerman Excerpts

Monday 21st May 2018 Commons Chamber

[Ms McVey]

I thank my hon. Friend for the work he does on the APPG. I know how important youth employment rates are to him and the group. It will either be me or one of my colleagues—perhaps we will all be there at the APPG once the work has been completed. We are putting the right building blocks in place for young people. It is about education. It is about that work experience. Many young people have never had work experience, so they do not have the soft skills. That is what we are trying to put in place and we would be delighted to go to the APPG.

[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

The Tory party launched yet another policy group this morning. Is it not about time that these groups were given some serious work about how we really tackle youth unemployment, how we get more kids into real apprenticeships, and how we tackle child poverty, which is not going down?

[Ms McVey]

I might not have said it enough today, so I will put it on the record again: youth unemployment is down 43% since 2010. The number of children not in education, employment or training is down 370,000 since 2010. That is what we are doing. We are providing the building blocks to support young people and to get them into a job, living independently. That is what a Conservative Government does—watch and learn!

Oral Answers to Questions

Barry Sheerman Excerpts

Monday 26th March 2018 Commons Chamber

[Kit Malthouse]

I congratulate my hon. Friend on his constant and vigorous campaigning on the issue, and particularly on the importance he attaches to fatherhood and family stability. The Government agree with him about that, and a number of programmes are designed to move the dial on the nine indicators that we have published. For example, alongside the fight against worklessness and the troubled families programme, we are specifically investing £39 million in a programme to reduce parental conflict and increase family stability.

[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

The Minister may be in a bit of a time warp this morning, but is the Secretary of State on a different planet from the Children’s Commissioner for England? Will she talk to the Children’s Commissioner about child poverty in our country and look at this morning’s report, which links child poverty and low educational expectations? Get on with it, man!

[Kit Malthouse]

As the hon. Gentleman will know, all hon. Members should be engaged in the battle against poverty. We in particular have chosen to take a different approach. Pleasingly, the Children’s Commissioner has identified that low educational attainment is critical to the future employment and economic prospects of all children. That is why we are focused on it as one of the two planks of Government policy on the matter, why we have concentrated so hard and why we are so pleased that so many more children are going to good and excellent schools.

Draft Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) Regulations 2018 draft Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) (Amendment) Regulations 2018

Barry Sheerman Excerpts

Tuesday 20th February 2018 General Committees

[Sarah Newton]

It is a pleasure to serve under your chairmanship, Ms Ryan. The two draft measures will increase the value of lump sum awards payable under the Pneumoconiosis etc. (Workers’ Compensation) Act 1979 and the diffuse mesothelioma payment scheme, which was set up by the Child Maintenance and Other Payments Act 2008. The new amounts will be paid to those who satisfy all the conditions of entitlement on or after 1 April 2018.

The two schemes stand apart from the main social security benefits uprating procedure, and there is no legislative requirement to review the level of payments each year. None the less, I am happy to increase the amounts payable from April 2018 by the consumer prices index rate of 3%. The same rate is being applied to some other social security disability benefits and the industrial injuries disablement benefit.

The Government recognise the suffering of individuals and their families that is caused by the serious and often fatal diseases resulting from exposure to asbestos and other listed agents. Individuals affected may be unable to bring a successful claim for civil damages, mainly because of the long time lag between exposure and onset of the disease, which can often stretch for decades. Therefore, by providing lump sum compensation payments through these two schemes, we fulfil an important role to those who have these dust-related diseases. As well as compensating people who cannot make civil claims, the schemes aim to ensure that people with such diseases receive compensation in their lifetime, while they can still benefit from it, without having to await the outcome of civil litigation.

I will briefly summarise the specific purpose of these lump sum compensation schemes. The Pneumoconiosis etc. (Workers’ Compensation) Act provides—for simplicity, I shall refer to this as the 1979 Act scheme—a lump sum compensation payment to those who have one of five dust-related respiratory diseases covered by the scheme, who are unable to claim damages from employers because they have gone out of business and who have not brought any action against others for damages. The five diseases covered by the 1979 Act scheme are diffuse mesothelioma, bilateral diffuse pleural thickening, pneumoconiosis, byssinosis and primary carcinoma of the lung if accompanied by asbestosis or bilateral diffuse pleural thickening.

The 2008 mesothelioma lump sum payment scheme widens the criteria for compensation to those who have contracted diffuse mesothelioma but who are unable to claim compensation for that disease under the 1979 Act scheme—for example, the self-employed or people whose exposure to asbestos was not the result of work.

[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

This is a complicated area, and I have a particular interest in it because a brother of mine died after working for British Petroleum and using asbestos in the days when it was not seen as a danger. He died in great agony, and he had a terrible fight with British Petroleum for any compensation at all. Will the new regulation detract from the capacity for people to sue their employers for a decent sum?

[Sarah Newton]

I am very sorry to hear about the hon. Gentleman’s sad loss. It is disappointing to hear of such a large and profitable organisation putting up such a case to resist providing compensation to an employee who was no doubt valued. The regulations were brought in specifically to address that; we know that the onset of these terrible diseases can come after many years, and often after people have left employment. However, once they are diagnosed people can, tragically, die very quickly, and we do not want them to spend their remaining time trying to pursue civil litigation, with a huge fight on their hands. That is why the lump sum payments are available.

Of course, the scheme and the Department will seek to claim back any payments that can be reclaimed through our own civil litigation; but the scheme was set up specifically to address the concern that the hon. Gentleman raised, so that no one else in that situation would have to go through what his brother went through. Today’s regulations are just about increasing the payment by 3%. We are not changing the scheme in any way. I think that Members on both sides of the House welcomed the measures when we introduced them.

[Mr Sheerman]

When people who suffer from such a disease get involved in the system, they face some of the hardest, sharpest lawyers that can be found. My brother had an apprenticeship at BP and worked there all his life. The lawyers found out that when he was in the Army he smoked, and that was extremely damaging. I have never seen sharper, more unscrupulous people than those employed by reputable companies to make sure that they do not pay their workers their just deserts.

[Sarah Newton]

I thank the hon. Gentleman for that further intervention. It is clearly disappointing to hear of such practice, but I understand from the independent advisory board, the Industrial Injuries Advisory Council, that since the introduction of redress in the form set out in the schemes there have been improvements in corporations’ behaviour, because they understand that the Government see the conditions in question as absolutely terrible. There is far greater understanding of those conditions and their causes than there was in the past, and it is expected that corporations will settle swiftly. I am glad if I have been of some reassurance about that.

I think it is important that under both schemes, a claim can be made by a dependant if the person with the disease has died before being able to make a claim. That can give some comfort to the remaining relatives. Payments under the 1979 Act scheme are based on the age of the person with the disease and their level of disablement at the time they are diagnosed. The highest amounts are paid to those who are diagnosed at an early age and with the highest level of disablement. All payments for diffuse mesothelioma under the 1979 Act scheme are made at the 100% disablement rate—the highest rate of payment—owing to the seriousness of the disease. Similarly, all payments under the 2008 scheme are made at the 100% disablement rate and based on age, with the highest payments going to the youngest people with the disease. In the last full year—April 2016 to March 2017—3,620 people received payments under both schemes, totalling just over £50 million.

I am aware that the incidence of diffuse mesothelioma is a particular concern of Members, given that the number of deaths from the disease in Great Britain is at historically high levels. The life expectancy of those who are diagnosed with diffuse mesothelioma is poor, with many people dying within 12 months of diagnosis. Diffuse mesothelioma has a strong association with exposure to asbestos, and current evidence suggests that around 85% of all male mesotheliomas are attributable to asbestos exposures that occurred through work.

The number of cases occurring reflects the long latency period of the disease. Our latest available information suggests that there will continue to be about 2,500 diffuse mesothelioma deaths per year for the rest of this decade before annual cases begin to fall, reflecting the reduction in asbestos exposure after its widespread use before 1980.

The draft regulations increase the levels of support through the statutory compensation schemes. I am sure we can all agree that although no amount of money can ever compensate individuals and families for the suffering and loss caused by diffuse mesothelioma and other dust-related diseases covered by the scheme under the 1979 Act, those who have the diseases rightly deserve some form of monetary compensation.

I am also required to confirm to the House that the provisions are compatible with the European convention on human rights. I am happy to do so.

Before I finish, I put on record my appreciation of the excellent work of the outgoing chair of the Industrial Injuries Advisory Council, Professor Keith Palmer. Professor Palmer’s outstanding work on the council over the past 16 years has included six years as a member and chair of the council’s research working group and, latterly, 10 years as the council’s chair, advising the Secretary of State for Work and Pensions and the Department for Communities in Northern Ireland on the industrial injuries benefit scheme.

During that time, under Professor Palmer’s leadership, the council has written more than 80 reports explaining the often complex scientific evidence underlying its recommendations on work-related diseases. Those reports have included recommendations on work-related musculoskeletal diseases that have gone on to benefit farmers, carpet fitters, floor layers and miners, among others. More recently, prescription has been extended for cancers caused by exposure to ionising radiation. On my own behalf and that of my predecessors, I thank Professor Palmer for his contribution and leadership.

Oral Answers to Questions

Barry Sheerman Excerpts

Monday 18th December 2017 Commons Chamber

[Mr Gauke]

I will very happily join my hon. Friend in thanking Ian Spalding and, indeed, Jobcentre Plus staff up and down the country, who do a fantastic job in helping to reduce unemployment. I think that the claimant count in Newark has fallen by 42% since 2010. In the meetings that I have had with jobcentre staff across the country, I have seen that they are enthusiastically implementing universal credit because they can see that it will help them to make further progress.

[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

Is the Secretary of State not aware that hundreds of thousands of people in this country are yearning for a good and well-paid job? Many are young people who cannot get an apprenticeship. Apprenticeship starts are down by 62% this year and further education colleges are in trouble. When is he going to do something about training young people and really giving them the chance of a good job on good pay?

[Mr Gauke]

The hon. Gentleman will be aware that the recent apprenticeship numbers were affected by a spike at the end of the previous period, but the reality is that we have substantially increased the number of apprenticeships in recent years. We have introduced the apprenticeship levy, which puts apprenticeships on a sustainable financial footing. It is this Government, with our industrial strategy, who are ensuring that we create the highly skilled jobs that the country needs.

Oral Answers to Questions

Barry Sheerman Excerpts

Monday 27th March 2017 Commons Chamber

[Penny Mordaunt]

I thank my hon. Friend not only for signing up to be a Disability Confident employer himself but for accepting that challenge, as many Members on both sides of the House have. If every Member of this House accepted the challenge, we would sign up enough employers to reach a quarter of the working population of the UK. I thank him for his leadership in that and wish him well on his visit to his chamber of commerce.

[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

T8. The Secretary of State spoke earlier about workers’ rights. Surely workers’ rights should also include the right to some certainty. Will he talk to his fellow Ministers in the Home Office about the fact that many European nationals have lived here for years, have British spouses and British children but are now told that they will have to have comprehensive health insurance in order to stay here?

[Damian Green]

The hon. Gentleman has made his point very forcefully. I am, of course, in constant discussion with ministerial colleagues in the Home Office about a wide range of issues involving the labour market.

Oral Answers to Questions

Barry Sheerman Excerpts

Monday 9th January 2017 Commons Chamber

[Penny Mordaunt]

Local authorities and clinical commissioning groups have a requirement to meet the needs of children with a special educational need or disability, including by providing specialist equipment. In the past few months, my Department has set up a children and young person’s forum so that we can better understand the unmet need that is out there. My hon. Friend will know from the work that I have done with one of the organisations with which she is involved that we are looking to support charities, social enterprises and businesses that are providing these much-needed services.

[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

Many of us who liked some of the elements of the big society when we first heard about it now quite like some of the utterances about the shared society. However, if the programme is to work for children, and not just for those who are terminally ill but people with disabilities—some disabilities are abilities; I am thinking here of autism—it must have teeth, leadership and resources.

[Penny Mordaunt]

Absolutely. The measures announced by the Prime Minister today will be accompanied by additional funding, and every age range in society will be taken into account. There will, for instance, be measures to help children and young people—I have just described what my Department is doing to ensure that their needs are considered—as well as new provision for those in the workplace.

Oral Answers to Questions

Barry Sheerman Excerpts

Monday 17th October 2016 Commons Chamber

[Penny Mordaunt]

I agree with my right hon. Friend. We need to do more to ensure that the support we offer is understood by employers. Disability Confident will help with that. We also need to raise employers’ awareness of what they are missing: huge talent and huge insight in their workforce. We will shortly bring forward schemes which will do just that.

[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

The Minister may be aware there is a massive pool of talent among people who suffer from neurolinguistic difficulties and challenges, and autism and dyslexia. What more can the Government do to show that, if we recognise their challenges, these young and old people make very good employees?

[Penny Mordaunt]

Absolutely; part of the solution is ensuring that our own staff are fully aware and able to encourage employers to take on these people. There are many other things we can do to highlight the positive contribution they have made. We are doing a huge amount of work with Hidden Impairment, including training our staff and our ongoing communication with employers.

Oral Answers to Questions

Barry Sheerman Excerpts

Monday 11th July 2016 Commons Chamber

[Mr Vara]

The hon. Gentleman is absolutely right, but we need to have the new Prime Minister in place before those negotiations can start proper.

[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

Is the Minister not aware that the role of pensioners is a very sophisticated and complex one? Many of them depend for support on free access for their relatives in this country and on freedom to travel, as do young people going to places such as Spain to work. Has the Minister not already looked at this in some detail?

[Mr Vara]

As I said, the result of the referendum came only some few days ago, but I can assure the hon. Gentleman that detailed conversations are going on in the Cabinet unit. Let me provide him with the further assurance that Britain still remains a member of the EU. I want to reassure British people living in EU countries and those EU citizens who are living in the UK that there will be no immediate changes in their circumstances.

--- Later in debate ---

[Justin Tomlinson]

My hon. Friend has been campaigning on this issue for some time, using his first-hand experience. We are acutely aware of the issue, and I would be happy to meet him to discuss further opportunities.

[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

I do not want to upset anybody on the Labour Front Bench by showing passion and anger about the Government’s failure to tackle unscrupulous employers who give no guarantee of employment, no contract, no certainty and no pension—nothing but zero-hours contracts, with people being hired from agencies—but when will the Government take on these rotten employers?

[Stephen Crabb]

Zero-hours contracts, of course, form only a very small proportion of the overall jobs in the labour market. The thing that is particularly pernicious about zero-hours contracts is the exclusivity clauses—that has been recognised as widespread—and we are the Government who actually took action to deal with that.