Further Education Funding

Debate between Gordon Marsden and Jim Shannon

Tuesday 2nd April 2019 Westminster Hall

[Gordon Marsden (Blackpool South) (Lab)]

It is a great pleasure to serve under your chairmanship, Sir Roger. I congratulate the hon. Member for Gloucester (Richard Graham), my hon. Friend the Member for Scunthorpe (Nic Dakin) and the Backbench Business Committee on securing this debate today. In the time I have available I cannot do justice to the multitude of speeches made, but Members have shown a sharp eye for details about travel, EMAs, keeping rural and other colleges going, unused space, capacity opportunities, FE in the global market and the drop in level 2 and 3 qualifications.

[Jim Shannon (Strangford) (DUP)]

Will the hon. Gentleman give way?

[Gordon Marsden]

No, I am not taking any interventions.

It is hugely important that FE is getting the attention it deserves; it is heartening and unprecedented in this year. Members have spent half the Session raising FE funding and raised related issues in recent education questions. The excellent Westminster Hall debate secured by my hon. Friend the Member for Cambridge (Daniel Zeichner), who is in his place, showed that not new challenges, not new issues, but new urgency was required from the Government, given the state of FE funding. The recent statistics from the Love Our Colleges and Raise the Rate campaigns have highlighted that brilliantly.

We know that the statistics are a standing rebuke to the failure of all three Governments in the past decade to fund FE adequately. The Institute for Fiscal Studies found that spending and skills fell by £3 billion in real terms between 2010 and 2011. Those needing second and third chances have been hard hit and adult education has seen its budget cut by almost half. According to the Association of Colleges,

“Over the last ten years, colleges have had to deal with an average funding cut of 30%...Further education is the only part of the education budget to have had year-on-year cuts since 2010.”

The skills Minister knows all that and, to her credit, has tried to push her colleagues in Government, the Secretary of State and the Chancellor, on the funding envelope, but so far answer comes there none. This is at a time when the massive uncertainties around Brexit and its future impact on our economy make the role of FE in delivering new hope and skills all the more essential than at any time in the past 20 years.

Despite a unified sector lobby of the Government last autumn on the need for the Government to reverse their damaging cuts, the Chancellor has persistently failed to acknowledge it. In his financial Budget of October 2018 he talked about schools getting little extras, but FE did not even get the crumbs. Both he and the Education Secretary cannot be oblivious to the demands not only of the colleges but of everyone else involved in the world of FE—the training providers who make up 60% to 70% of delivery; the employers who see skills programmes, both highly specific and generic, as essential to their success; and the LEPs, combined authorities and mayors, all of whom see such things as essential to success in the 2020s. As a consequence, the fabric of sustainability for colleges has become fretted and threadbare. Last year, the Department stated that there could be a best-case scenario of 80 colleges at financial risk and a worst-case scenario of 150.

The National Education Union’s briefing states that colleges have suffered from cuts in activities such as tutorials, enrichment activities and additional courses. The Sixth Form Colleges Association has said similar things. Students have progressively had financial support reduced since the education maintenance allowance went, and the bursary fund that replaced it was insufficient. I know that the principal and teachers at the superb Blackpool and The Fylde College are moving qualifications across the piece, and they think action is overdue.

The Government must reassess urgently how they fund their apprenticeship programme. Last week Government stats showed that the apprenticeship starts between August 2018 and January 2019, two years from the levy launch, are still beneath the number of apprenticeship starts for 2016-17. A large part of that is because level 2 apprenticeship starts have fallen by more than a third in the space of a year. It is increasingly apparent that the Government levy is not designed or fit for purpose for SMEs or non-levy payers, as the Association of Employment and Learning Providers and Mark Dawe have consistently argued. We need to have a situation in which non-levy payers can train apprentices for small businesses, as some are having to turn them away.

We have seen apprenticeship figures go up, but the costs go up as well, so we have a Government, as the hon. Member for Gloucester emphasised in his speech, who need to take action at both ends of the cycle. Qualifications at levels 5 to 7 need to work. We need to sustain the fuel for them, but, as we have heard, levy payers and SMEs are starved of cash. The Government will seek to address some of the drops in qualifications through T-levels, but the money will not be seen in full until 2021-22 and we have no idea whether it will be sufficient. If there is a capacity issue, and, as we hope, T-levels take off, what capacity will the colleges have to deliver them if no additional funding is allocated by the Chancellor? Where are the institutions supposed to deliver them? Even more crucially, how will we bring them to fruition in the 2020s? Our concern is that setting T-levels simply as a competitor to A-levels will be counterproductive to their take-up and viability. We have to focus on 16 to 18-year-olds at level 3 standard whose preparation has been largely geared towards taking A-levels. Assuming that that will fly for T-levels is a risky strategy.

The AOC has said that the Government need to have a base rate increase of £1,000 per student as a minimum, so will the Government commit to that? Successful delivery requires teaching staff, as we have heard, with specialist industry expertise, up-to-date equipment and smaller class sizes. Average college pay is £30,000 compared with £37,000 in schools, and it significantly lags behind industry. The University and College Union, nationally and its many excellent campaigns countrywide, has said the same for years. Who will actually teach the T-levels? Existing teachers who have received very little in funding for years for CPD or new teachers?

The UCU spelt out in crisp terms in its submission to MPs for this debate what they ask Chancellor and the Education Secretary to do. Pay has fallen in value by 25% in real terms since 2009. Teachers in FE colleges earn on average £7,000 less than teachers in schools. We hear a lot about red lines these days, but will the Minister commit to a red line for her Department to get that changed? Since 2010, around 24,000 teachers have left the FE sector: a third of the total teaching workforce. What will the Minister do to ensure that colleges can increase the pay of teachers and ensure that we have a qualified workforce to teach T-levels after their introduction?

It is clear from what we have heard today that more and more Members across this House, especially in this Chamber, know that FE is an essential factor in delivering the fair, socially mobile, economic and community strategies that we will need in the 2020s. We in the Labour party, with our new national education service plans and now the launch of our lifelong learning commission, see FE as an essential building block to achieve that process. Progression, progression, progression is stamped through everything that we need to do in this area as through a stick of Blackpool rock. For now and for today, what Members in this House—all of them—require from the Government is something a little more short term and modest. If the Minster wills the ends, she must will the means. She must require from the Government something a little more. We must commit here and now to start to make good on the promises and the rhetoric that have so far not been backed up with the funding that FE needs, particularly from the Treasury. She and the Treasury must hear loud and clear all of the excellent speeches and demands, and praise for their colleges and training providers, that Members have spoken of here today.

Blackpool Teaching Hospitals NHS Foundation Trust: Governance

Debate between Gordon Marsden and Jim Shannon

Wednesday 27th June 2018 Commons Chamber

[Gordon Marsden (Blackpool South) (Lab)]

At the beginning of this year, it was announced that the chair of the Blackpool Teaching Hospitals NHS Foundation Trust, Ian Johnson, would be stepping down at Easter. I had always found him approachable and helpful in my regular meetings with him to discuss the trust’s work. For the avoidance of doubt, I should say that although the trust is in the constituency of the hon. Member for Blackpool North and Cleveleys (Paul Maynard), who is sitting on the Government Front Bench, it covers not just my constituency and his, but those of the hon. Member for Fylde (Mark Menzies), the right hon. Member for Wyre and Preston North (Mr Wallace) and my hon. Friend the Member for Lancaster and Fleetwood (Cat Smith).

When it was subsequently announced that Mr Johnson had applied to become chair of the University Hospitals of Morecambe Bay Foundation Trust, I was mildly surprised, but thought nothing more of it. I was then interested, as I am sure others were—this was sent to myself and neighbouring MPs—to receive an email from the secretary of the trust encouraging us to go forward and talk about the process for Mr Johnson’s successor. I had no inkling then of the sequence of events that would lead me to seek this Adjournment debate.

What started to concern me about the circulation of this information was the extraordinarily short period of time that we were given. I did write to the secretary of the trust to ask why we had not been given earlier notice of the facts. When I found out that the advertisement had been placed in The Times, the date for the application was 16 April, which was within a very short period of time. I said that I would like more details on the shortlisting, the interviews and the interviewing panel. I said that I was sure that the trust would understand how important it was that there should be a strong transparency in the trust at such a critical point at this time. I got a slightly thin but soothing note from Michael Hearty, a governor of the trust, who announced himself as the chair of the nominations committee. He said:

“Let me first of all reassure you about the openness and transparency of the current Chair recruitment process.”

He took me through the process, and he did indeed confirm that it would be very speedy. He said that a long list of candidates had been presented to the nominations committee, but the list was not actually very long. It was a list of only eight, which makes me wonder why all the candidates were not interviewed.

There was then a very short process of presentations to stakeholders and final interviews. I wrote back to the governor and said that I thought there were still “serious questions” to be answered, particularly about the fact that there was no information about the closing date for applications. I asked him whether he would list the members of the nominations committee, and said that I was concerned that it had taken a week to provide me with merely a basic timeline regarding some of the questions that I had asked.

The second letter that I received from the governor was written in a rather smooth but slightly condescending fashion. He said:

“I am disappointed that my original response did not provide you with all the assurances that you were seeking and, as a consequence, you have found the need to ask further questions.”

As for the advertising of the process, he said that it was the first time that the trust had taken such a step, and that, in view of the progression, it thought that it would be open and transparent to let people know about it. He said:

“I am sure you will recognise its circulation as a well-intentioned act”,

although the closing date was an obvious piece of detail that could have been included in the original email.

At this point, I began to think of the old proverb that says:

“The louder he talked of his honour, the faster we counted our spoons.”

I said to the governor in response that I did not think that this was very transparent. I asked him who had appointed the nominations committee, and he told me that it was appointed by the governors. I am still at a loss to understand why the shortlisting involved such a hurry.

The other thing that bothered me was the inclusion of the chief executive of the trust, Wendy Swift, on the nominations committee. I laid out my concerns in an email to fellow MPs that I sent to them on 16 May, in which I said:

“the inclusion of the Chief Executive on that Committee, which effectively has overseen all aspects of this process, has prepared the short list of candidates and will presumably make a recommendation to Governors this Friday. I believe that to give any Chief Executive so prominent a role overseeing that process, as opposed to that person perfectly reasonably but separately giving thoughts and feedback to it, could be seen as anomalous in the context of the necessary future relationship of the new Chair to the Chief Exec.

I said that I had

“taken these steps to question what has gone on (with some reluctance and I think for the first time in my 20-years relationship with the Trust)”

because of my real concerns for the procedure, not for the individuals, because at that stage neither I nor anybody else knew who had applied or been shortlisted.

I then looked at the constitution of the trust and the manual of the council of governors. That manual made it very clear that the chief executive was not automatically one of the members of the committee. The role of the council of governors is, of course, to hold the executive to account, so the chief executive could have acted in an advisory capacity, but not as a member. The trust’s constitution said that she should be a member, so both of them could not be correct.

I wrote again to Mr Hearty on 17 May and said that the council of governors is

“responsible for establishing the Nominations Committee”.

I said that it is very clear that the chair’s appointment is its responsibility and that

“the only reference to the Chief Executive occurs in the section on Attendance at the Nominations Committee…It does not give any licence to the Chief Executive to sit as a fully-fledged member…determining all the processes, shortlisting candidates”

and so on. I asked him therefore to think very carefully as to whether this process should be “paused and recalibrated” because I believed that there was a significant danger that the clear protocols in the governors’ manual had been breached.

Well, he did not do that. In fact, an email was then sent by Sue Crouch, the lead governor, saying that although the constitution clearly indicated that the chief executive should be a member of the nominations committee, given the feedback from governors, Wendy had graciously offered to withdraw in the best interest of the process. But, of course, by that time she had taken part in three quarters of the process, and whether it was a gracious withdrawal or otherwise, I have no knowledge. That was not a very good situation.

I had become concerned about the situation with the trust and had therefore written to NHS Improvement to ask the same sorts of questions on what its role should be. I initially got back a letter from the director for the north region, Lyn Simpson, who said that NHS Improvement is not involved in the recruitment of chairs of foundation trusts, which, of course, was not what I had asked her. She said that the trust had given its assurances that this recruitment process was in line with the constitution, as well as open, transparent and governor-led, but she did not give any grounds for that advice.

I went back to Lyn Simpson, reminding her that I had had guidance from the House of Commons Library that foundation trusts are accountable to Monitor, which is now part of NHS Improvement. I had looked at the code of governance published by Monitor, which specifically referred to the appointment of chair, so I asked her to respond more fully. She did respond again, but said that there was no legal basis on which NHS Improvement could intervene in the appointment of a foundation trust chair. I did not find that very acceptable, but I did note that she said that Dr Kirkup’s recent governance report, published in February 2018, had highlighted the role that NHS Improvement plays in board appointments as “not sufficiently clear.”

[Jim Shannon (Strangford) (DUP)]

Quite clearly, if procedure has not been followed, as the hon. Gentleman has outlined, surely at some stage he has to refer this case to the Local Government and Social Care Ombudsman. That must be a way of getting action given that this procedure has not been followed.

[Gordon Marsden]

It might be, but I am hoping that the Minister might be able to make some comments on these issues today, because NHS Improvement has to fulfil its duties under legislation, and I do not believe that it has done that very well.

I received another letter expressing pleasure that the trust had responded positively with the concerns on the point that I had raised, but that was really a question of shutting the door after the horse had bolted, for the reasons that I have explained. I then wrote again, asking for a response from Mr Hearty. I did not get that, but I did get a reply from Sue Crouch, who told me about the meeting to confirm the candidate who was going to be presented. That candidate turned out to be Mr Pearse Butler, who coincidentally had just stepped down as chair of the Morecambe Bay NHS Foundation Trust, to which the former chair of the Blackpool trust was about to go. I finally got to see the minutes of the process, and I was told that the discussion panels had worked well but that there had been a difference of opinion about the candidates.

I was also then told by a number of people that the proceedings at the confirmation were rather irregular. According to governors, not only did Michael Hearty ignore the request from three governors for a secret vote, but he said that abstentions would count as a yes vote, which struck me as a rather strange position. For obvious reasons, and because the trust has larded around a lot of “confidentials” and “highly confidentials” on various things, I am not going to name the governors who have spoken to me, although they are perfectly prepared to talk to people about it. I will just quote what one governor said:

“A few governors, including the Chief executive were involved in the recruitment process. The rest of the Governors were asked to attend presentations and panels as part of the recruitment process. I requested, on a number of occasions, the criteria and weighting for the presentations and the panels, including set questions. These were not sent. At the presentations, pieces of paper were presented on which we could make unstructured comments. These were supposed to be weighted, however there was no…criteria to do so…Candidate were questioned at each panel. No questions were pre set in advance…We were asked to choose a candidate based on the activities. There was disagreement from a number of people…about the preferred candidate for Chair…At the council of governors meeting called to ratify the appointment there was discussion about the process and the selection. A paper ballot was refused and a show of hands insisted on.”

I have a further comment from someone who will again remain nameless, but was a senior manager at Blackpool Vic and in other organisations in the past. He wrote to me to say that the council of governors had always been viewed as an inconvenient necessity rather than a valued part of the trust governance arrangement. I found that very disturbing and concerning.

One might have thought at that stage that the trust, and certainly the nominations committee, would have paused for thought, given all these criticisms from the governors, but we have had the same process for the appointment of a new non-executive director, not the clinical director. Again, there were two panels of candidates, who again included the chief executive, Wendy Swift. I understand that the chair-designate was present on this occasion as well. Let us call the two candidates X and Y. Panel 1 had preferred candidate X by four votes to two, and panel 2 had gone for the same candidate unanimously, but the nominations committee had recommended candidate Y. It is not surprising, therefore, that many trust governors have so far not gone back to ratify this appointment in any shape or form.

Those are some of the issues that have come out of this, and I want to make one or two observations in conclusion. The chair of any health trust is crucial, particularly in the difficult circumstances in which the Blackpool trust finds itself: still requiring improvement, according to the Care Quality Commission, and hit hard by the strains of morbidity and the impacts of transience and demography, which put extra pressure on. We therefore need the process for the appointment of a chair or non-executive director to be as transparent and reaching-out as possible, not a cosy old pals act reinforced by groupthink. That is what has sometimes come up through the bureaucracy.

I am forced to conclude that the nominations committee thought that it could get away with evading proper scrutiny and transparency—that a thin veneer of irritated politeness attempting to conceal a determined effort to override public governors unless they were rubber-stamped, and indeed delaying so as to block out others such as myself from discussing these things, would do the trick. Well, it does not do the trick, and it is frankly an insult to all the hard-working staff who have worked their socks off in the past few months in recent crises at Blackpool Victoria Hospital.

The use of the words “confidential” and “highly confidential” by the lead governor, Sue Crouch, could be seen as an attempt to intimidate or gag governors who had legitimate concerns about the process. I am very concerned about that. As I say, I have circulated this letter to all my neighbouring MPs. My hon. Friend the Member for Lancaster and Fleetwood (Cat Smith) is unable to be here today, but she asked specifically for me to indicate that she shares my concern about the governance of the hospital. I understand that the hon. Member for Fylde (Mark Menzies), who is also away from Parliament, has said that he has a number of issues with the governance.

I ask the Minister to reflect on whether we need some form of inquiry into the process that went on at the Blackpool trust. I can assure him that some of the governors who have shared the concerns that I have are prepared to give evidence on that. We need some clarity as to the role of NHS Improvement, because it is supposed to be a backstop to addressing both stakeholder and individual concerns, but in this instance it seemed all too ready to accept the version of events from the people who had convened all this and the way they wanted it to go.

The principle that governors should not feel pressured or fettered is very important. If the Government want to encourage democratic involvement in the NHS—a real people’s NHS in its 70th year—there is a lot more to do to support and enable people to secure those rights of representation. Members of Parliament who raise legitimate issues of transparency should be able to get proper answers.

I have no idea whether Mr Pearse Butler, who was announced as the new chair on 18 May, will be a good, bad or indifferent chair of the trust, but I am clear that the process by which he was appointed was deeply flawed and not transparent.

Higher Education and Research Bill

Debate between Gordon Marsden and Jim Shannon

3rd reading: House of Commons & Legislative Grand Committee: House of Commons & Report stage: House of Commons
Monday 21st November 2016 Commons Chamber

[Jim Shannon (Strangford) (DUP)]

On the subject of Northern Ireland, the Minister will know that Queen’s University Belfast has an extensive partnership with companies and other universities across the whole of the United Kingdom, and we are all proud to be British in relation to that. With that in mind, I am wondering what consideration the hon. Gentleman feels this Government should give to Queen’s University, particularly for its innovative medical investigations to find new cures for cancer, diabetes, chest, heart and stroke illnesses and such like?

[Gordon Marsden]

I am grateful for the hon. Gentleman’s intervention. It would, of course, be invidious for me to single out Queen’s University over and above others—if I did, my postbag would no doubt be full—but he is absolutely right to champion what it is doing. There is an important point, which I am not sure the Government have entirely grasped. The research done at Queen’s and other universities and HE institutions under the devolved Administrations does not depend only on whether the Government get a good Brexit settlement with the European Union; it depends on maintaining the trust and support of those EU nations that we will rely on to get that sort of investment for clinical trials. For example, a lot of charities—the Minister will be aware of this because they made representations to his Department—particularly those relating to heart disease and cancer, are concerned that if we do not get a decent settlement, the problems of getting field trials in Francophone Africa or Lusophone South America will become more and more complicated because we rely on those researchers and the good offices of our EU counterparts in those countries. I do not think that the Government are taking anywhere near enough notice of that particular issue.

As I said, the architecture is complex, and it is crucial to get it right. Although the Minister may think that some of these amendments are nit-picking and do not need to be on the face of the Bill, as I said to him throughout our discussions in Committee, I think he neglects the importance of sending a signal to the devolved Administrations and others that their interests are going to be represented. That is why these amendments were tabled.

Our amendments 43, 44 and 45 would ensure that there is co-operation and information sharing between the OFS and UKRI. The Minister obviously knows that UKRI and Innovate UK have historically done different things. Again, he is at pains to try to reassure us that all we will get under the new structure is the best of both worlds. Unfortunately, we sometimes end up getting the worst of both worlds. I was struck, particularly during evidence sessions in Committee, by the fact that certain concerns remain—amendment 53, tabled by the hon. Member for Southport (John Pugh), is also relevant here. The chief executive of Innovate UK outlined his concerns in Committee about whether Innovate UK and the Department that supports it will be sufficiently fleet of foot to do the sort of innovative things in finance and everything else that they have so far been very good at. This is not to say that the architecture cannot work; it is just saying that the Minister and his officials need to think rather harder about the how the process will go forward.

There is also, of course, the broader issue in part 3 that the process of separating teaching and research—and in this context, the Research England body is relevant—will mean that issues and activities at the interface of teaching and research, such as the health of disciplines, the awarding of research degrees, post-grad training and sharing of facilities, might not be effectively identified and supported.

Social Care and Military Compensation

Debate between Gordon Marsden and Jim Shannon

Wednesday 25th March 2015 Commons Chamber

[Mr Gordon Marsden (Blackpool South) (Lab)]

As has now been confirmed several times, this is the last occasion to raise such issues in this Session, and I wish to speak about the unfair treatment of some veterans owing to the disparity in the way that different armed forces compensation schemes are treated when social care costs are calculated. I pay tribute to Poppyscotland and the Royal British Legion, which highlighted that issue with their Insult to Injury campaign. In the past, I have been pleased to work closely with the Royal British Legion, both nationally and locally in Blackpool, and together we delivered a petition with 3,000 signatures calling for stronger punishment for those who vandalise war memorials. I was also pleased to support the Blackpool armed forces covenant and veterans charter in 2011. I wish to touch on that veterans charter and covenant, praying in aid the arguments I will present tonight.

As chair of the all-party group on veterans, which deals with a number of issues, including welfare, I was fortunate to initiate a meeting in Parliament with the Forces in Mind Trust. Its latest report is about support for veterans’ families, and we will hear tonight about veterans who are losing the means to support their families when compensation payments are removed. Fundraising year-on-year by the Royal British Legion and other ex-service organisations, including Poppyscotland, provides extra support for veterans. Locally and nationally, our veterans should not be left by the state in financial circumstances that are unfair. The state must do its bit, particularly when there are unequal Government regulations.

Tonight I will focus on the disparity between the way that the two different compensation schemes operate. Those injured before April 2005 received compensation for particular injuries through the war pension scheme, which provides regular payments based on the severity of injury. Those injured from April 2005 onwards receive support for any disablement through the armed forces compensation scheme—AFCS. That comes in two parts: a lump sum and, in a similar fashion to the war pension, a regular payment for the most severely disabled veterans and ex-servicemen. Those two schemes seek to compensate for the pain and challenge of particular injuries that some veterans receive when serving bravely in our armed forces, but when it comes to how they are processed through the social care system, they are treated very differently.

As of 2012, any veteran supported by the newer AFCS scheme has all that income disregarded while they are means-tested for social care. Although their other forms of income are rightly considered so that they make the same contribution as any civilian to their social care, they will still have left over the income they receive to compensate for the injuries they received in the military. Those on the older war pension scheme, which could cover awards from the second world war up to 2005, receive far less support. Only £10 of their war pension is automatically disregarded, and the rest can be clawed back by local authorities into paying for their standard social care. The full value of the war pension—which of course reflects the level of disablement suffered by that veteran—is on average £80 a week and can be as much as several hundred pounds a week for the most severely injured.

Does the Minister agree that it does not show enormous respect to veterans on the war pension scheme, who have fought in conflicts from the second world war to Korea, the Falklands and in some cases as recently as Afghanistan, if we suggest that the pain of those disabling injuries is worth only £10 a week? What compounds that regrettable diminishment of the veterans’ sacrifice is the apparent injustice and inconsistency in the way the two schemes are treated in social care and the way different arms of Government look at the problem.

Almost all local authorities use their discretion fully to exempt the income from both compensation schemes when council tax or housing benefit is calculated, and central Government have recognised that both types of compensation should be left untouched when the new universal credit is calculated for recipients who have served in the forces. Yet protecting that income for council tax and housing benefit will be in vain if the great majority of it is then lost to pay for social care. As I have said, Government guidelines only disregard £10 of the war pension, and in present circumstances local authorities have not been able to go much further, with only 12% of councils using discretionary funding fully to exempt those on the older scheme. That is completely inconsistent with the way that civilian personal injury compensation is treated in social care means-testing. When saved in a trust fund, that income is fully disregarded by local authorities as they calculate care costs. What is left appears to be a social care system that, however worthy its objectives, fails to meet two criteria of the armed forces covenant that Members from both sides of the House were proud to support.

[Jim Shannon (Strangford) (DUP)]

It is appropriate that the last Adjournment debate of this Parliament concerns our veterans and our soldiers, and I congratulate the hon. Gentleman on securing it. Many Members have a particular interest in the armed forces. In the years that I have been a Member of Parliament, we have had the chance to speak on behalf of our veterans. I know many veterans who suffer from post-traumatic stress disorder and their number, after Iraq and Afghanistan, has increased significantly in the past few years. Does the hon. Gentleman agree that the onus is on the Ministry of Defence, the Department of Health and local government to work together to address this issue? The Minister represents the Department of Health. Other Departments, which are not represented here tonight, need to work alongside her.

[Mr Marsden]

I agree with the hon. Gentleman, who is assiduous in covering veterans’ issues in this House. I pay tribute to the military from Northern Ireland for the sacrifices they have suffered over the years. He is absolutely right. We are pleased that the Minister is here tonight, but the issue can only be solved out of Government silos.

The covenant enshrines the principles of no disadvantage and special treatment. These, in turn, dictate that a person should experience no disadvantage as a result of military service and that it is appropriate in some cases for special treatment to be applied to those who are serving or have served. We have already seen that as a result of failing to disregard the war pension, Ministers are not providing any special treatment for veterans. More fundamentally, however, they end up failing the rule of no disadvantage, too, as the injuries incurred purely as a result of action in the armed forces receive little compensation when income such as the war pension is diverted into providing standard civilian social care.

I am pleased, therefore, that my colleagues in the Labour Front Bench team have pledged, under a future Labour Government, to review the compensation schemes to see where they might be improved. In particular, the focus should be to take a laser-like focus to existing and new rules that affect veterans through the prism of the armed forces covenant. We want to ensure that the principles of no disadvantage and special treatment are met by all arms of government.

All Members have, at one time or another, drawn attention to the strong feelings of many veterans and others about insufficient engagement with the concerns raised in relation to social care and military compensation. I welcome the reports from the Government, the Royal British Legion and Poppyscotland that talks are ongoing about how the two schemes might be aligned, but we need to see results. After all, every year, as more elderly veterans pass away, the group of people who could benefit from a change in the rules diminishes by 5%. Half that group are aged 70 or over. We are running out of time to offer these people the chance to navigate social care in far greater comfort, with access to the full deserts of their military compensation. With a change in the rules, we can put this right, but it needs real Government commitment. I have to say, however, that when we look at the Government’s stated objections so far, they seem to give the impression of delaying progress rather than accelerating it.

Ministers have claimed that some of those on the old war pension scheme also receive top-ups to their pension, which are designed to help to pay for care costs. Only 6% of war pensioners actually receive such care top-ups. More to the point, it is surely not beyond the wit of the Government to devise guidelines that will include those care top-ups in the payment for social care, but not include that part of their income that relates to the pain suffered through injuries received in the field of conflict. This is a position that the Royal British Legion accepts would be perfectly reasonable.

Ministers have also suggested that military compensation could be placed in a trust fund to protect it from social care means-testing. However, given how war pension works, only a small amount is provided as a lump sum. For the most severely injured veterans, most compensation is provided through regular payments that cannot be placed in a trust. It has also been suggested that the war pensions scheme was established before the modern understanding of personal injury compensation, yet it is clearly understood that way, as is evident, as much as anywhere, from the words of the veterans Minister, who said:

“The War Pensions Scheme provides no fault compensation to Service personnel disabled as a result of their service in HM Forces.”

In the discussion of all these disregards, different schemes and allowances, the human effects of these rules and their perceived injustices can too often be forgotten. In my area, the Royal British Legion estimates that 600 veterans in the pre-2005 group could see their war pension eaten up by care costs, and Members across the country will have service constituents who have told emotive tales of the effects of losing their compensation.

Keith Clarke, who is 43 years old, was left paraplegic while attempting to put out a fire on his submarine. He receives a large war pension for the most severe injuries, but £100 is lost every week to meet the cost of his care worker, who visits daily to help him dress and look after his two children, one of whom is also disabled. His only other benefit comes from statutory benefits. He told The Daily Telegraph:

“I feel angry and frustrated. It’s…an injustice to be treated as a second-class citizen.”

Fred Cannon, who fought on the Gold beach at Normandy on D-day when he was 19 years old, was the only survivor of the company to come home, but a severe bullet wound left him with one leg shorter than the other. Now in his 90s, like too many others, he is left with only £10 a week compensation. Then there is the 50-year-old Lancashire veteran who was diagnosed with osteoporosis from his time in the Army. He said:

“Unless the system changes, I’m concerned that I will lose a lot of my pension, which isn’t fair. People who receive AFCS don’t pay for their social care—and rightly so—but why should we pay just because we were injured before April 2005? It doesn’t make sense.”

Of the two principles of the armed forces covenant, it is ultimately not special treatment that veterans want; all they want is not to be put at a disadvantage: to have the injuries they suffered in the armed forces compensated for in their own right and then to make a contribution from their other income towards social care, just as any civilian would rightly do. They want fair treatment for all and a system that does not discriminate on the basis of an arbitrary date; they want to be treated the same in the different means tests that central and local government operate; and they want to be treated in the same way as civilians who receive compensation for personal injury.

Whatever the historical context of the creation of the war pension scheme or the complexities of its operation today, it is surely possible to design a system that will meet the requirements of the proper 21st century fairness that the veterans are asking for. The time has come to go beyond discussions and look for concrete solutions to the disparity between the two different military compensation schemes, rather than focusing on the obstacles to a more just system. I am pleased to note that Labour would review the fairness of military compensation in the light of the armed forces covenant, and I call on Ministers to show a similar political will and commitment.

Many Members will have the date of 7 May on their minds tonight, but many other people will have a possibly more important date—the next day—on their minds. That will be the 70th anniversary of VE-day. I feel honoured that both my late parents served in that conflict, and I am mindful of the debt we owe to those of that generation who remain with us. At this time, we must surely refocus our energies to ensure that we provide all the support that the brave men and women who have served in conflicts spanning the last 70 years deserve, particularly as they make their way through challenging periods of their lives in the social care system.

Employment and Support Allowance (Blackpool South)

Debate between Gordon Marsden and Jim Shannon

Wednesday 5th September 2012 Westminster Hall

[Mr Marsden]

I thank my constituency neighbour for that question. I do not think that the two questions are separate. The inadequacy with which some of these issues are treated inevitably casts light on the strength or otherwise of the process. If the hon. Gentleman is asking whether I am in favour of disabled people being given every opportunity to expand their capabilities and to work if that is proportionately possible, the answer is an unqualified yes—and that would be the case for most hon. Members—but that issue is not under discussion today.

The Minister also needs to think about the effects on the families and carers of people who are knocked back. One of my constituents, a lone parent of two sons in their teens, one of whom has Asperger’s, was knocked back last month. My constituent says, “Two days before being admitted after a series of operations on my shoulder, I received a letter to inform me of the results of the medical I had to attend with Atos, saying that I was fit for work and that my claim for ESA had ended from yesterday. Both my sons live with me, but my housing benefit will stop because my ESA claim has ended. I don’t want to be claiming benefits. I would rather be back working, but with the pain I am in, I am unable to do that.” I have already mentioned what happens to the income of the carers of partners judged fit for work.

Another claimant who was knocked back, who had had long-term depression, wrote to say, “Is there any way you could possibly have the appeal process speeded up? I have been told it could take up to eight months. I feel so lost and powerless.”

The stress falls not just on the person with a disability, but on the partner, particularly when, as a number of my constituents have told me, they were discouraged from going to the assessment because of the restrictions of the venue. That is a denial of human rights, as well as, practically, a very silly thing to do.

Another constituent with chronic pain has been through this revolving door and says, “I am now mentally preparing myself for the fact I will have to take my case to a tribunal. I have been without any payment from DWP since April and although my partner has taken on extra duties during the lunch hour, we still cannot meet our outgoings—full-time hours where she works will not be available.” That is the reality of these people’s lives in Blackpool; it is the reality of the work process there.

Ministers and officials needs to address some fundamental questions. Leaving aside the individual inadequacies of the Atos process, what are the jobs for which these people are alleged to be fit? How much will it cost the Government and the taxpayer to support them properly in those jobs and, in particular, given some of the new Government restrictions on working tax credit, will they ever be able to earn from them a living wage? I have already said that I fully support proportionate and fully rounded initiatives to enable such people to use their abilities, and I feel strongly about that, having had a mother disabled by osteoporosis for 25 years. However, there is a balance to be struck.

Yesterday, in my local newspaper, The Blackpool Gazette, in a piece written by the feature writer Jacqui Morley, the wife of one of the constituents who had come to me, who is a gentleman with a severe degenerative condition akin to motor neurone disease, said that her husband’s former bosses had moved heaven and earth to keep him until he had realised that he was taking more than he was giving. She said that unless the Government were prepared to give disabled people all the support they need—in her husband’s case, certain facilities, personal assistants, and aids and equipment that cost a fortune—this is just a tick-box exercise about integration, not real inclusion. The system also dictates that the man will have to go through the process again in three years’ time to be reassessed on that progressive degenerative condition.

Alan Reid, who manages Disability First, our Blackpool disability information service, has commented that many people in the town who are genuinely in need are being dumped by these assessments. He says, “They come to us desperate and, in some cases, suicidal.”

Some of these concerns were raised during pilots of the process—indeed, disability group representatives in the Blackpool area took part in those pilots—so it is not entirely surprising that some of the problems have come to pass. I strongly stress that there is a sense of waste and people saying, “Working for what?”

The same constituent’s wife who was quoted in the Gazette put her finger on the problem in the letter that she wrote to the decision maker at Jobcentre Plus. When talking about the test, she said that the question should be about to what end people could press a button and use a keyboard and mouse, and whether they could do so at a speed—and without the need for continued support—that would facilitate meaningful input and a financially viable outcome such that their employment could be sustained by an employer. Surely that should be one of the elements considered in the process.

I have cited all those examples in the context of Blackpool, but the truth, of course, is that this is a country-wide issue. That is why various disability groups, such as the disability benefits consortium, the Royal National Institute of Blind People, Parkinson’s UK and Scope, have all raised serious doubts. The DBC has said that the work-capability assessment is poor at identifying disabled people’s needs.

[Jim Shannon (Strangford) (DUP)]

I congratulate the hon. Gentleman on illustrating very clearly the position in Blackpool South. He is right to say that the situation is replicated across the whole country. Does he feel that when it comes to ESA appeals and the medical evidence that is used, there should be direct contact with the GP and consultant as a matter of course? That is not always the case, but if it happened, there would be better knowledge of the person’s medical condition for the tribunal and the appeal.

[Mr Marsden]

I thank the hon. Gentleman for his intervention. He leads me to the series of recommendations that the disability benefits consortium makes in that area. They include the fact that evidence is not routinely gathered from the health-care professionals who know the claimant best, such as consultants and nurses; that evidence is often ignored. I accept that that cannot be the sole deciding factor, but it certainly seems ludicrous that it should be excluded entirely. The other side of the coin, as I have mentioned in relation to an individual we had concerns about in Blackpool, is that some of the health-care professionals who carry out the process that we are discussing have limited knowledge of complex or uncommon conditions.

The DBC also discussed the issue of people with long-term degenerative conditions, especially progressive forms of multiple sclerosis, being reassessed far too frequently. Even people in the support group are being reassessed very regularly. Of course, there has been the revelation—this was subject to freedom of information—that more than 1,000 people died shortly after their work capability assessment. That does not take into account the others who died shortly before.

Those mistakes—they are mistakes—must not be replicated when personal independence payments are introduced in 2013. It is no surprise that disability organisations have expressed concern about that. I want to quote just a couple. Mr Ford, chief executive of Parkinson’s UK, has said:

“It is hugely concerning to see that Atos have been given the green light for the Personal Independence Payment contract.”

He says that its assessments

“have led to many people being forced to appeal against decisions that are plainly wrong. How can someone with Parkinson’s—a progressive neurological condition—have an assessment report that implies they will be ready for work again in six, 12 or 18 months?”

Others have written in the same vein.

The concerns in this area have been emphasised by the sheer complacency and smugness—I use the words advisedly—with which Atos has responded in relation to these processes. I received, as no doubt have other hon. Members in the north-west, a very bland letter from its general manager that told me that it had been awarded the contract for the north-west of England. It said:

“Engagement with MPs and the wider stakeholder community was an important element of our successful bid”.

As far as engagement with MPs is concerned, I am not aware that it ever engaged with me in any way, shape or form whatever. As far as the wider stakeholder community is concerned, it may well have engaged with them. That stakeholder community expressed concerns and reservations, most of which it completely ignored. The British Medical Association has also expressed serious concerns in this area.

Blackpool offers a sample what is going on nationally. It may be a particularly strong sample, for the demographic reasons that I have described, but it is a sample. The comments made in yesterday’s debate by my hon. Friend the Member for Rutherglen and Hamilton West (Tom Greatrex) and others showed the depth of concern in the House about the process. My hon. Friend the Member for Birmingham, Northfield (Richard Burden) put his finger on it when he talked about “a weird revolving door”: people get assessments, question them and wait ages for an appeal. He said that they

“may or may not win the appeal, but by the time the appeal comes up, they have had another assessment and…they go through”

another

“revolving door”.—[Official Report, 4 September 2012; Vol. 549, c. 19WH.]

My hon. Friend the Member for Aberdeen South (Dame Anne Begg) who, as most Members will know, knows a great deal about such things, not least through her chairmanship of the Select Committee on Work and Pensions, said that she did not think that this

“Government have grasped how disastrous the ESA assessment system is…In too many cases, genuine claimants are not scoring any points in their initial assessment. There is something fundamentally wrong with the system and the contract that Atos is delivering.” —[Official Report, 4 September 2012; Vol. 549, c. 27-28WH.]

The Minister and his officials could and should take notice of the proposals on the table, not least those from the DBC. They should think about proactively gathering relevant written evidence, about reassessing it only when changes in circumstances are likely and ensure that there is an appropriate assessment venue for the full range of disabled people. Atos decision-makers should be trained in a wide range of conditions and share their reports and observational evidence with claimants. The supreme irony in all of this is that the storm is gathering during the Paralympics. Atos is one of the sponsors of the Paralympics. I will leave others to judge the appropriateness of that, but as Prime Minister’s questions demonstrated today, it is a major issue.

I have already welcomed the Minister to his position. He has come from the Treasury, and is, I am afraid, inheriting this mess. I do not envy him. I urge him to reflect not only on what I have told him about the situation in Blackpool and the individual miseries of the affected constituents who have come to me, but on what so many organisations are telling him. It is rare that Ministers are given the opportunity to have an open mind and open the books—normally, it is only at the beginning of their tenure. I ask him to look at what the RNIB and the DBC have said. I urge him to consider whether the Select Committee on Health and others should not look at the quality of some of the doctors; at empowering decision-markers; and at seriously re-examining the target-based approach, considering a qualitative, not only a quantitative, approach.

The Minister should be in no doubt that if he does not address the problems, that will be on his head, and on his reputation—the fiasco will indelibly imprint itself on his record. Seventy years ago, the great parliamentarian, Nye Bevan, laid down the principle that Ministers should not allow outsourced officialdom to play with or ruin people’s lives without a source of redress. The buck very much rests with the Minister.