Draft Carer's Assistance (Carer Support Payment) (Scotland) Regulations 2023 (Consequential Modifications) Order 2023

Debate between David Linden and Kit Malthouse

Tuesday 14th November 2023 General Committees

[Kit Malthouse (North West Hampshire) (Con)]

It is a pleasure to appear before you, Mrs Harris.

I have some questions for the Minister on the operation of the scheme. First, however, it is worth reflecting on the fact that we are dealing with quite a complex set of regulations that arises entirely from devolution. I suppose it illustrates to the people of Scotland and the rest of the United Kingdom the significant complexity that is being introduced into our legal system and benefit system by devolution. I was surprised that the Minister said he was pleased to see the order arrive because, to me, it represents an unnecessary complexity in the United Kingdom, which we could all do without.

Like the hon. Member for Merthyr Tydfil and Rhymney, and having worked at DWP, I am also concerned by the devolution of what is quite a complicated and difficult administrative task to the Scottish Government—not necessarily the SNP—who have not covered themselves in glory with the administration of various schemes and various ideas they have had over the last couple of years. Given the delay and the failure to institute a new system—it has been on the cards for some years—[Interruption.]

[David Linden (Glasgow East) (SNP)]

rose—

[Kit Malthouse]

What confidence does the Minister have that the Scottish Government will be able to administer benefits to the extent that they get to the people who need them and the system will not collapse, as so many other things seem to have done? I wonder whether the Minister has any sense of the deadweight cost of having a separate organisation called Social Security Scotland on the budget. Obviously, it has to maintain its own back office, its own personnel and its own administrative burden, and there must be an extra cost, which is therefore being denied to the recipients of welfare payments because it is going into the hands of unnecessary administrators.

I also had a question about age limits. I am the patron of Andover Young Carers, an organisation that supports young people who are in full-time education and who look after an adult in their family living with a disability. Although I know that carer’s allowance is constrained for those who are under 16 or in full-time education, I have never quite understood why we do not look at the particular case of a young person who might be caring for a parent with a severe disability where there is no other carer available. They do so with a burden that no other adult carer broadly shares, yet we exclude them from such schemes. I would be interested in the Minister’s comments on that.

My second point is about the operation of the scheme. On reading the statutory instrument, there seems to be an unnecessarily complicated administrative task in the case where there are effectively two people caring for one individual. Could the Minister confirm that they will have to make daily elections—the SI talks about elections in a prescribed form—as to who is to receive the carer’s allowance on that day? What form is that election to take? Is it a letter, a phone call or a text? Who will decide?

The SI then says that in the situation where both carers claim, it will effectively be for the Secretary of State to decide who gets the allowance. Will the Secretary of State be showered with thousands of competing claims for carer’s allowance on an almost daily basis? If there is an election, how long will that endure? If there is a dispute between two carers about who gets the allowance the Secretary of State is given the discretion to make a decision, but what will be the process of appeal? How will carer B make a claim over carer A? What if there is carer C, who is not referred to in the legislation? In my experience, people with significant disabilities often have multiple carers who may work together as a team to support them. How will that be dealt with?

Finally, on the effect on the border, I am sure we will have a small number of cross-border carers—those resident in England who care for those resident in Scotland and vice versa. Who will pay them and where will the care be claimed? There is no reference to that in the legislation. Someone claiming carer support payment in Scotland will have to ordinarily be resident in Scotland. If I am ordinarily resident in Northumberland but care for somebody over the border, who will support me and how will I be supported in that care?

On the same theme, what happens if I am a family unit of a carer plus a disabled individual who move from Scotland to England or vice versa? How seamless will the transition be? Will there be a gap in payment? Will I have to apply before I move to have my domicile for the carer’s payment moved, or will I have to apply when I arrive? Do I have to be ordinarily resident before I apply and if so, how long do I have to wait until that kicks in? Will it be six, 12 or nine months before I receive a payment? If I do receive a payment on moving to lovely Scotland, will it be backdated to the date of my arrival, or will England persist in paying me beyond my arrival until the Scottish Government cover the gap? None of those issues, which might only affect a small number of people but will nevertheless be critical to their welfare and survival, seem to be addressed in this SI. I should be grateful if the Minister would answer those questions.

Oral Answers to Questions

Debate between David Linden and Kit Malthouse

Tuesday 18th May 2021 Commons Chamber

[Kit Malthouse]

I join my hon. Friend in celebrating the election of Commissioner Akinbusoye, who is one of the 29 Conservative police and crime commissioners—a full 70% of the available slots were secured by the Conservative party at the elections two weeks ago. My hon. Friend is quite right that police and crime commissioners have a critical role to play in offender management, given that more than half of crime is committed by reoffenders. At the severe end in particular, we know that, on average, all murderers in the country have committed at least seven previous offences. In my role as Policing Minister, I will work closely with police and crime commissioners to make sure that not only as chairs of their local criminal justice board but more widely they can play an important role in driving down reoffending.

[David Linden (Glasgow East) (SNP)]

Involvement in the criminal justice system can be especially upsetting for children, so will the Secretary of State join me in welcoming the Scottish Government’s proposal for a Bairn’s Hoose? The idea is that families and children would all be under one roof and looked after in a way that could be beneficial to families who come out of the criminal justice system. Are the UK Government willing to look at the idea as well?

Birmingham Attacks and Extinction Rebellion Protests

Debate between David Linden and Kit Malthouse

Monday 7th September 2020 Commons Chamber

[Kit Malthouse]

I am sorry the right hon. Gentleman sought to ascribe blame elsewhere other than with the perpetrator of this awful crime. The basic premise of his attack is completely wrong. When I was deputy Mayor for policing in London dealing with a not dissimilar spike in knife crime, both in the capital and indeed across the country, it was at a time when police officer numbers were at an all-time high and Gordon Brown and Tony Blair were spending money like water. The two are not connected. The causes of knife crime are complex and difficult. It behoves us all to take a serious non-political view and look at a 360° approach to tackling knife crime together.

[David Linden (Glasgow East) (SNP)]

If we take at face value—I am being quite optimistic here—that the Minister does have a commitment to tackling climate change and this is not about making political points about XR, can I ask him, if he is serious about tackling climate change, when the Government will bring forward a vote on the climate and ecological emergency Bill?

[Kit Malthouse]

That is a matter, obviously, for the Government business managers. It is above my purview to be able to predict. The hon. Gentleman, to avoid any doubt, should know that I have long been an advocate of the hydrogen economy and was the chair of London Hydrogen Partnership for eight years. Indeed, I have been a proponent of a non-fossil fuel economy for the past 20 years or so. To me, science is the solution, rather than trying to batter us over the head with alternative views.

Grenfell Tower Inquiry: Phase 1 Report

Debate between David Linden and Kit Malthouse

Tuesday 21st January 2020 Commons Chamber

[Kit Malthouse]

A national improvement plan is being created for the sector by the National Fire Chiefs Council and will build on the work of its central programme office, the fire standards board, the protection board and the inspectorate.

Several Members, not least my right hon. Friend the Member for Maidenhead (Mrs May), raised the issue of interoperability, and concerns have rightly been raised about co-ordination and communication errors between the emergency services at Grenfell. We take this issue very seriously, and the Government are committed to working with all emergency services to improve interoperability. The joint emergency services interoperability principles, or JESIP—their joint doctrine—set out a standard approach to multi-agency working. It will be reviewed and republished by September this year to incorporate learnings from the Grenfell disaster. Following the inquiry’s report, the interoperability board has written to all emergency services to reinforce what is required when a major incident occurs. The report made recommendations in relation to the images and data sent from the National Police Air Service helicopters, and I can confirm that that work has been completed.

Let me turn to some specific issues that Members have raised during the debate. If I miss any out, I am more than happy to write to Members afterwards. Several Members raised the issue of members of the Grenfell community—survivors and families—still remaining in temporary accommodation. As Housing Minister for 12 months, I met individuals regularly and reviewed individual cases. As I have explained, particularly to the Opposition housing spokesman, the right hon. Member for Wentworth and Dearne (John Healey), these are complex and difficult cases. Our concern at the repeated raising of this issue is not necessarily for our own political advantage, but that raising it increases the pressure on individuals who are living in temporary accommodation, who are leading complex and difficult lives. We are attempting to be sensitive to them and to accommodate them. We should not assume that those individuals have been continuously in temporary accommodation: a number have been in and out as they have struggled with the circumstances they face. We are keeping up pressure on the council—the Secretary of State and the Housing Minister meet the council regularly—but as we deal with these particular individuals, it behoves us all to remain sensitive to their plight.

Several Members, not least the hon. Member for Glasgow East (David Linden) and my hon. Friend the Member for Thirsk and Malton (Kevin Hollinrake), raised the wider issue of the ability of those who are living in buildings with cladding either to sell or to secure finance against their properties. Work did start last year, and I understand from my right hon. Friend the Secretary of State that it has now concluded. A working party at the MHCLG, including the Royal Institution of Chartered Surveyors and UK Finance, was formed to try to resolve the issue. That has now produced a new simplified process by which surveyors can reassure themselves that a property is mortgageable and insurable, and therefore financeable, so that sales can be effected.

[David Linden]

We will of course wait and see the outcome of that process and how it works in practice, but can the Minister give an undertaking that, in the months to come, his Ministry will have a watching brief over it to see whether it is indeed working for our constituents who have been raising some of the concerns expressed by myself and by the hon. Member for Thirsk and Malton (Kevin Hollinrake)?

[Kit Malthouse]

Yes—my right hon. Friend the Secretary of State reassures me that we will absolutely keep a watching brief. The early signs are that the new protocol is having a beneficial effect.

The hon. Member for Hammersmith (Andy Slaughter) raised a query about what will happen to the site. He should be aware that a commission has now been constituted. I gather that it has met a number of times, and it is very much being led by the bereaved, the survivors and the community themselves so that they are in the driving seat about what should happen on the site and what kind of memorial they wish to have. I am sure we can provide the hon. Gentleman with more information on that if he wishes.

Some Members raised issues around electrical safety compliance. Obviously progress has been made as far on the duty of landlords, in both the private and the social sector, to ensure compliance, particularly where small electrical goods are concerned. I am informed that the Consumers Minister—my hon. Friend the Member for Rochester and Strood (Kelly Tolhurst)—has commissioned the Office for Product Safety and Standards to develop options for increasing the rate of product registrations, including potential mandatory registration. A number of workstreams are under way looking to understand the barriers to registration and consumers’ attitudes to that registration, which will inform this work in the future.

The hon. Member for Westminster North (Ms Buck) and my hon. Friend the Member for Cities of London and Westminster (Nickie Aiken)—I know her area well from my time as a councillor and as a London Assembly member—raised the issue of sprinklers and the complexity of tenure that may stand in the way of the retrofitting of sprinklers in older blocks across the city. That is obviously a difficult and complex area of legality, not least because one would have to cross the barrier of possibly fitting sprinklers against the will of a property owner where they are in a collective block and therefore have collective safety, but I know colleagues in the Ministry of Housing, Communities and Local Government will be dealing with the issue.

Finally, in her excellent speech, following on from her equally brilliant maiden speech in which she raised this subject, my hon. Friend the Member for Kensington (Felicity Buchan) mentioned a couple of issues. First, she said that she had met the new commissioner of the LFB, whom I have also met recently. He impressed me with his ambition and his willingness to embrace the issues for the London Fire Brigade that have been raised both by the inspectorate and by the inquiry. He does seem committed to real change in that organisation, which was very encouraging to see.

Along with the right hon. Member for Hackney North and Stoke Newington (Ms Abbott), my hon. Friend raised the issue of a member of the inquiry panel. The Home Office is obviously a core participant in the inquiry, so it would not be right for me to comment either way, but I can reassure both of them that the Cabinet Office is aware of this issue and is giving it some thought.

There is nothing that we can do to turn back the clock on this tragedy, and there are no words of condolence or sympathy that will bring back those who lost their lives or offer comfort to those whose lives have been irrevocably changed by this tragedy. All we can do is learn the lessons of this terrible event and work tirelessly to ensure that a disaster on this scale can never happen again.

It is incumbent on all of us—the Government, the emergency services, those responsible for managing high rise residential buildings and the construction industry—to work together to bring real change. I am confident that the inquiry’s detailed analysis of the evidence seen in phase 1 will continue to phase 2, and that the panel will uncover the full truth of what happened on that terrible, dark night.

Question put and agreed to.

Resolved,

That this House has considered the Grenfell Tower Inquiry’s Phase 1 Report.