Atos Work Capability Assessments

Ian Lavery Excerpts

Thursday 17th January 2013 Commons Chamber

[Dan Rogerson]

That is also a common problem in respect of visiting district general hospitals. I have repeatedly asked hospitals to make sure that people travelling long distances are seen in the middle of the day, rather than early in the morning. Sensible decisions like that would help.

A constituent who would rather I did not reveal her name also raised the issues of delays and recordings, and others have mentioned the lack of expertise. If Atos has practitioners with different areas of expertise—some in physical disability, others in mental health issues, for instance—it should arrange assessments in such a way as to utilise that.

The language that is used and how people are treated are also important issues—some Members of this House could probably moderate the language they use in discussing this subject.

[Ian Lavery (Wansbeck) (Lab)]

We are, in effect, trying to put a sticking plaster on a gaping wound. Atos and the WCA are not fit for purpose. Does the hon. Gentleman agree that we should bin them both, and start again with the idea of looking after disabled people, rather than the opposite?

[Dan Rogerson]

The problem with that suggestion is that all the people who have been through the process and have won appeals will have to go back to square one. I am therefore in favour of improving the current system. Every time we renew a system, we go back to square one. Those who have been through an assessment and an appeal and have finally got the right result should not be sent back to square one. The hon. Gentleman articulates the anger that is felt, and there are clearly problems with the process, but I do not think scrapping it and going back to square one is the best way to proceed. Professor Harrington has not suggested that course of action, either. What he has said is that there are problems that need to be resolved.

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[Ian Lavery]

I totally agree with the hon. Gentleman. We have a situation where the likes of physiotherapists are assessing people with acute mental health problems. Does he agree that that is wholly unacceptable?

[Bob Blackman]

I agree. One reform we could quite reasonably ask the Minister and Atos to introduce would involve ensuring that the assessor was qualified to assess the type of problem from which the individual suffers. That could take the form of a referral by the Atos assessor to a proper medical professional in a given field where there was expertise. That would save the individuals from the trauma of the appeals process and would save money as it would mean that the medical professionals could properly undertake an appropriate assessment. I urge the Minister to consider that as a way of improving the system.

It appears to me that there is a tick-box mentality among the Atos assessors. I could refer to a stream of cases in which people have conditions that come and go and have good days and bad days. When Atos assessors make the assessments, those people can often be having a good day and the tick boxes do not allow the right decision to be made.

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[John McDonnell (Hayes and Harlington) (Lab)]

Someone said that what we are debating is a party political issue. Let me be clear: I opposed the system when it was introduced by the last Government and I oppose it now—for the same reason. I see it as a brutal attack on the weakest and most vulnerable individuals in our society and an exercise by private companies to profiteer at those individuals’ expense.

I started raising the issue in Parliament early on. My first constituency involvement was like that of many other hon. Members: it involved someone who was mentally ill, went for the assessment and had a nervous breakdown. That had an impact on the whole family—the mother, in particular.

I was then contacted by a range of organisations, which came together and produced the Spartacus report. I urge Members to read it. In the last debate on this issue, in Westminster Hall, we read some of its case studies into the record. They are horrendous examples of human suffering and what can only be described as abuse by the system itself.

I also refer Members to Calum’s List, which has a website. It is a list of people who have died, including by suicide, as a result of, or where there has been a contribution from, the loss of benefits. The first example on the list was that of Paul Reekie. Some Members may have known Paul, an award-winning writer and poet in Leith, Scotland. He did not leave a suicide note, just two letters on the table beside him. One was about his loss of housing benefit and the other was about his loss of incapacity benefit. He died.

The other example is that of Mark and Helen Mullins from Bedworth. They could not access their benefits. They were walking 10 miles a day to a Salvation Army soup kitchen. They committed suicide together because they could not access their benefits. Read Calum’s List, which has example after example of the brutal effect of the system.

This is at least the sixth debate that we have had on the issue. The concern expressed by Members about an issue of public administration in all those is unprecedented in recent decades. There is example after example of human suffering on a scale unacceptable in a civilised society. That is why 117 Members of Parliament have so far signed our early-day motion calling for the scrapping of the system.

I have read Mind’s briefing for today’s debate and I urge other Members to do the same. It has put forward what is wrong with the system. Yes, it has recommended improvements, but one of the key factors coming out of its survey of people facing the work capability assessment process was that 51% of them said it made them have suicidal thoughts. Any system involving that level of risk is irretrievable and unreformable. That is why I believe it should be scrapped and why the British Medical Association has said it should be scrapped.

I say the following, and I do not say it lightly: we now know that the system does not work. We know the human suffering that is occurring. The responsibility is now on us to do something about it. We will be to blame for every injury, harm, suicide and other death as a result of the system if we do not scrap it now and bring in something that is fair and based on proper medical knowledge—assessment by a person’s own GP, reinforced by expertise. We need something that gives advice and emotional support for people when they go through the system, not something that leaves them at risk.

[Ian Lavery]

rose—

[John McDonnell]

If my hon. Friend does not mind, I shall not give way as other hon. Members want to speak.

I conclude by saying that we all have a responsibility to say, “Let’s end the system now, start again and make something fair.” We will be to blame for all the injury and harm if we do not.

Welfare Benefits Up-rating Bill

Ian Lavery Excerpts

Tuesday 8th January 2013 Commons Chamber

[Alec Shelbrooke]

The hon. Gentleman mentions rising food inflation, but let us not forget that we have just knocked 10p off the price of a litre of fuel. That 10p was in the Opposition’s plans and would have created extra inflation.

This debate has been polarised, but a divide has been in existence for more than a decade and it is coming to the fore. As soon as we try to address it, we are described as nasty and heartless and told we are not dealing with people fairly. The fact is that too many people in this country have the wrong idea about benefits, which is not a dirty word.

[Ian Lavery (Wansbeck) (Lab)]

The divide has not been in existence for just the past decade—Lady Thatcher and Geoffrey Howe hatched a plan to dismantle the welfare state more than 30 years ago. Is this Bill just another phase in bringing the welfare state to a conclusion?

[Alec Shelbrooke]

In the past 10 years, people have said time and again, “Why should I do this when someone on out-of-work benefits gets double the pay rise I get?” That is a fact. Wherever we may want to lay the blame and whichever way we may want to look at the issue, the fact is that people do not believe in the welfare state in this country any more. That is not just a tragedy; it is deeply worrying for this country.

The measures being taken by the Secretary of State, which we will vote through, will bring back some fairness to society. They are part of a big package of measures. However, we have a problem. We all want to give as much money to people—of course we do—but we cannot afford it.

Remploy

Ian Lavery Excerpts

Monday 10th December 2012 Commons Chamber

[Esther McVey]

When we were deciding whether to proceed with stage 2, many factors had to be taken into account. With the factories that were seen as potentially viable, such as those in the hon. Gentleman’s constituency, I was told that, were I to delay, they would become more vulnerable as contracts came to an end and that it was therefore imperative that we pursued stage 2 as soon as possible, because only that would ensure that the staff had a more certain future.

[Ian Lavery (Wansbeck) (Lab)]

In the Ashington factory in my constituency, they bolted the doors, boarded the windows, ripped down the Remploy signs and cast the disabled people on to the dole queue. The promises made from the Dispatch Box for support for individuals have never materialised. Why?

[Esther McVey]

That support is in place and is increasing daily. If the hon. Gentleman has found that that has not been the case in his constituency, again, I ask him to meet me and the trade unions. I have met many other Members, and he is no different; as we all have the same intention, which is to get those people into work, I think that it would be best if we met up, so I make that offer to him here and now.

Jobs and Social Security

Ian Lavery Excerpts

Wednesday 28th November 2012 Commons Chamber

[Ian Lavery (Wansbeck) (Lab)]

I will obviously be very brief, Madam Deputy Speaker—I have no choice now.

Yesterday’s report on the Work programme was very revealing, and my constituents are absolutely horrified by the statistics on Wansbeck. The coalition’s flagship Work programme has created fewer jobs than would have been created had no programme been in place at all. Members across the House have scorned that finding, but it is an absolute reality. Only two people in every 100 who have been referred to the programme have actually gained employment. That is absolutely astonishing—astounding, in fact.

Yet the Secretary of State said yesterday and today that the results are excellent and that the scheme is on track. The Minister of State, Department for Work and Pensions, the hon. Member for Fareham (Mr Hoban), said yesterday that we should not worry because the information used in the report gave only a snapshot and that it is against the backdrop of growth that was much weaker than expected. Well, whose fault is that? It is the Government’s fault. We need a plan B, or C or D, whatever we want to call it.

In Northumberland, one of the biggest counties in the country, only 80 of the 4,570 people in the Work programme have found a job. That is 1.75%. And the Government say we are on track. Goodness me, what would happen if we were not on track? Perhaps the Minister will answer that simple question. In Wansbeck we have very few job opportunities, a lack of new business start-ups and increased levels of bankruptcy. In fact, the constituency has the highest rate of bankruptcies in the country. Many businesses are doing what they can and working very hard indeed, and I say well done to them, but we have huge problems. We are still reeling from the job losses at Rio Tinto Alcan and seeing 26 jobseekers apply for every job at the jobcentre. That means that 25 are absolutely disappointed because the jobs are not there.

My heart goes out to the unemployed, those who are searching for jobs; searching for dignity. The Deputy Prime Minister and the Prime Minister have talked time and again about “alarm clock Britain”. There are those in alarm clock Britain who peek from behind their curtains every morning to watch their neighbours getting into their cars and going to work, wishing that they had the same employment opportunities. The problem is that there are no jobs in the region. There are not many jobs for young people either, with 15.9% of 18 to 24-year-olds in Wansbeck unemployed.

I do not have much time left but I want to say something about social security, which is also mentioned in the motion. A huge problem up and down the country is the way the Government are casting disabled people aside and on to the scrap heap through their vicious work capability assessment. It is absolutely outdated and needs to be cast aside. We need to look at the situation and look after the elderly and disabled people who are suffering so much as a result of the Government’s attacks on benefits. Nothing short of getting rid of the WCA will do.

We need to look at enterprise zones and be more imaginative and creative on job creations. Why not invest the £435 million that has already been spent on the Work programme and the £725 million for the next five years on people who have a stake in their communities and who want to create employment for the right reasons, not for mass profit?

Universal Credit and Welfare Reform

Ian Lavery Excerpts

Tuesday 11th September 2012 Commons Chamber

[Ian Lavery (Wansbeck) (Lab)]

There have been some thoughtful contributions this afternoon, but I must wholeheartedly disagree with the comments about cross-party agreement and how this is not about cuts.

Hon. Members can call me a party pooper, if they wish, but I want to consider the reality facing many people in my constituency and constituencies up and down the country. Let us face it, we are in a double-dip recession made in Downing street. In order to recover our finances, we need a suitable plan for growth and jobs in the economy. Twenty one people in my constituency apply for each job vacancy, and the only way out is with a plan B. It is no good denying that. It will not do anybody any good to deny that we are in times of extreme austerity.

This is a timely debate, because although millions of people were in London yesterday celebrating the fantastic, first-class Olympics and Paralympics—the best ever seen—the picture out there for tens of thousands of disabled, vulnerable, sick and unemployed people is quite different. Many people fear for their future, and rightly so, particularly given how welfare reform has developed over the past two years and what will happen with the universal credit. Lots of people will lose out.

My hon. Friend the Member for Ogmore (Huw Irranca-Davies) mentioned disabled children. We have got disabled claimants. Carers are set to lose out, as, too, are joint claimants with limited capabilities, young lone parent and large families. We have not got any facts or figures on how much the universal credit will be per individual and how much the additional payments will be. The only figure we are sure of is the size of the benefit cuts—£20 billion. Some Members might say, as they regularly do in the Chamber, “This is not about impacting on the less well-off in society but about simplifying the benefit system and making it easier”, but I look at it differently: if we take £18 billion to £20 billion away from welfare in the name of welfare reform, somebody will lose out, and to stand up in the House and suggest otherwise is disingenuous. We must be careful not to start universal credit the same way we started welfare reform two years ago. We cannot have people worrying about losing their benefits—about appealing for benefits but being cast aside. If universal credit is introduced in the same way as Atos operates the work capability assessment, more people will become unemployed—booted on to the dole, some may say.

The universal credit will be introduced next year, and constituents of mine have received lots of letters and e-mails about its implementation and underlying principle. The Government hope for 80% take-up online, so people who prefer face-to-face interaction will have to use the internet, yet the 2009 digital report stated that 15 million still did not use the internet. I accept that it might be dated, being three years old, but I emphasise that many people still prefer not to use the internet.

Monthly payments, sanctions, the IT failure, joint payments and the transitional project have all been mentioned by hon. Members this afternoon, and I hope that the Secretary of State and his ministerial team will look at them all. We have to treat poor people with dignity. They are not asking for the earth and have never looked for luxury. They just want to live a life as near as possible to what we do. They do not want merely to exist.

Specialist Disability Employment

Ian Lavery Excerpts

Tuesday 10th July 2012 Commons Chamber

[Maria Miller]

Of course, I echo the comments that my hon. Friend has made. With regard to the timing of the next stage of this process, it is very important that we use the time that we have available. To confirm and clarify the timing of the bids process, it will have been some five and a half months for those going through to the second stage of the bid round. We will take the time that is needed to make sure that bidders get the information that they need and the access to the support that is there for them to make sure that as many of the bids as possible are as successful as they can be.

[Ian Lavery (Wansbeck) (Lab)]

Thousands of disabled people will be heading home tonight certain of one thing, and that is a lifetime of unemployment. What advice would the Minister give to those individuals and their families with regard to employment in future? Is she not absolutely ashamed that this despicable, cruel act has happened on her watch?

[Maria Miller]

I can absolutely understand that hon. Members are speaking with a great deal of passion, because this is a very important issue that affects some of the most vulnerable people in our constituencies. However, I gently remind the hon. Gentleman that if we are truly going to be people who stick up for disability equality and for disabled people in this country, who number some 6.9 million, then these are the changes that we need to make and that disabled people and disabled people’s organisations have called for. The previous Government were fully aware of that. The modernisation plan has not done what was required, and we are now taking that money and making it work harder for disabled people.

Oral Answers to Questions

Ian Lavery Excerpts

Monday 25th June 2012 Commons Chamber

[Chris Grayling]

I am absolutely clear that we have to get the Commission to change. It is, after all, part of a collection of member states, all of which believe that the current direction of travel is wrong. We have to win battles in the Commission, the Parliament and the European Court. I will not hesitate to take legal action in the European Court wherever we have grounds for arguing that the Commission is acting against the terms of the Lisbon treaty and its predecessors.

[Ian Lavery (Wansbeck) (Lab)]

8. What progress has been made in transferring Remploy factories to social enterprises.

[Mr Virendra Sharma (Ealing, Southall) (Lab)]

16. What progress has been made in transferring Remploy factories to social enterprises.

[The Parliamentary Under-Secretary of State for Work and Pensions (Maria Miller)]

Within the commercial process Remploy has encouraged any proposals for the businesses, including bids that are social enterprise models. I, and DWP officials, have met social enterprise organisations, and I have also announced that funding of up to £10,000 is available to support employee-led proposals, including social enterprises. That money can be used for expert advice and support, including legal and accountancy support.

[Ian Lavery]

Many social enterprises feel as though they have been totally excluded from the consultation at Remploy. The consultation period has been an utter shambles; it has been chaos and confusion from day one. As a result, will the Minister consider restarting the consultation period in the best interests of the disabled people at Remploy?

[Maria Miller]

The hon. Gentleman and I have a shared objective of wanting to make sure that we work together with people affected by these announcements, and I do not think he would want to create any situation where we had to continue with this period of uncertainty for any longer than we already have. He is wrong to say that we should rerun this consultation; it is going forward in the way that it should. We have received 65 expressions of interest for Remploy businesses, and I am looking forward to working with those individuals and those organisations to see how many of those bids we can take forward.

Disability Benefits and Social Care

Ian Lavery Excerpts

Wednesday 20th June 2012 Commons Chamber

[Duncan Hames]

I have read speeches in Hansard from before I was elected when colleagues of mine pleaded with the previous Government to make changes to the work capability assessment that they were introducing. On the timing of those changes, they should have been made even before the present Government came to office.

I turn to the matter of Remploy. [Interruption.] Changes are being made now. It is worth noting—

[Ian Lavery (Wansbeck) (Lab)]

rose—

[Duncan Hames]

I have already given way and I have moved on to the subject of Remploy. It is worth noting that of the 6.9 million disabled people in the UK, fewer than 2,500 are supported by Remploy’s enterprise businesses. As we heard from the Minister, changes to Remploy are not cuts. Every penny of the £320 million budget that we are discussing will be reinvested in getting disabled people into work and supporting them while they are there, and rightly so. [Interruption.] I heard that clearly, and I am sure we will hear more about it later.

It is worth remembering, although the shadow Secretary of State found it difficult to do so, that Labour closed 29 Remploy factories as a result of a decision in 2008. Perhaps it was because the answer was “not more than 30” that the shadow Secretary of State was not able to bring that answer to us earlier. [Interruption.] Indeed. The figure was 29. Clearly, the Labour Front-Bench team did know the answer to the question.

The consultation referred to in the motion is still in progress, and it is not appropriate for us to deliver a verdict on it before it is completed. Proposals for commercially viable factories are still being considered, which may mean that redundancies will not be as extensive as has been reported. To call for a re-run of an ongoing consultation is premature and unwarranted.

There are some key areas on which I hope the Minister will be able to shed some light. What discussions has she had with unions and Remploy managers to ensure that those disabled people who are made redundant are made aware of, and are able to utilise, the support packages—almost £8 million, I believe—that are being made available? Will the Minister ensure that details of the bids to continue and sustain Remploy factories via other means are made public as soon as is reasonably possible in order to give some reassurance to those Remploy workers who will benefit? What discussions has the Minister had with the Remploy board and with voluntary and community groups about how to facilitate organisations wishing to continue Remploy factories as social enterprises? We have heard a great deal of sound and fury in this debate, but Members in all parts of the House need to support disabled people.

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[Ian Lavery (Wansbeck) (Lab)]

The Opposition motion highlights the many problems with disability benefits and social care. There is undoubtedly an attack on benefits for disabled people. Disabled people face many acute problems, many of which have been mentioned this afternoon. The changes to disability living allowance will impact on nearly 500,000 people. The problems associated with employment and support allowance will impact on nearly 280,000 people. We have not seen how universal credit or the personal independence payment will work, but I fear that there will be chaos in the benefits system when they are introduced.

I concur with what Members on both sides of the House have said about Atos. It is wholly inefficient and cannot operate the work capability assessment. Some might say that it is wholly incapable. The problem is not the work capability assessment, but the way in which it is carried out, including the way in which people have to tick boxes and the fact that people are being assessed by people who are probably not qualified to carry out such assessments. If I called for nothing else in this debate, I would call on the Government to look again at the way in which Atos is delivering the system on their behalf.

Like many other speakers, I want to focus on Remploy, which is very dear to my heart. The discussions and consultations between the trade unions, individuals, employers and the Government have been nothing but a shambles. I will ask a few questions of the Government about what will happen to Remploy. Each factory is being tret completely differently. They are all being given different advice on what is happening and about whether they are or are not in the consultation period.

I was outraged by the suggestion of the hon. Member for Blackpool North and Cleveleys (Paul Maynard) that Remploy was a form of disabled apartheid. That is outrageous. Remploy was established just after the second world war to look after disabled people, and we should be looking after disabled people now. Nothing has changed. For someone to suggest that it is disabled apartheid is outrageous.

The Remploy ethos was developed by George Tomlinson, who was an MP for a Bolton seat. He wanted there to be secure and open employment for disabled people. Remploy factories have given their employees an income, independence, self-respect and self-esteem. It is often said that society can be judged by how it looks after its most vulnerable people.

[Yasmin Qureshi (Bolton South East) (Lab)]

I am the Member of Parliament for Bolton South East and it was a Bolton MP many years ago who was involved in setting up the Remploy factories. I have visited the factory in my constituency on a number of occasions and the people there have told me that they take great pleasure in coming to work every day and getting a decent wage packet. They do not want handouts or disability benefits; they want the opportunity to work and to increase their self-respect. Does my hon. Friend agree?

[Ian Lavery]

I have met every member of the Remploy work force in my constituency and in Newcastle, and I wholeheartedly concur with my hon. Friend.

I will ask a number of questions in the short time that I have left. What is happening with the Remploy pension fund? Is it being closed or kept open? That is important to the people who work there. What is happening to the five-year modernisation plan that was put in place by Labour? Why is it being cut short? What about the huge management structure of people who are not disabled, who have been looking after the Remploy factories but have not implemented the modernisation plan? What is happening to the burdensome costs of that management structure?

Last year, there were 2,500 trainees in Remploy, and it is important that we get an answer to what will happen to them if, as we all believe, the Remploy sites are eventually closed. It is clear that the vast majority of the factories will close, if not all of them, which will mean the end of a working life for many people. Their health will decline. The Minister mentioned the problem of unemployed people who have mental health problems, and said that they should be taken off benefits and given a job. I cannot understand that. If someone who is unemployed has mental health problems and we take them off unemployment benefit and try to get them a job when there are no jobs available, that will be disastrous for them.

If people are taken out of work at Remploy, there will be a cost impact for the Government from what will happen to their health. The Government’s estimate is that benefits given to individuals in that situation could range from £10,200 to £27,000 a year. It is easy and cheaper to keep people in employment than to give them up to £27,000 a year of housing and other benefits. We should give them self-esteem and self-respect by allowing them to go to work, as every one of us enjoys doing.

I appeal to the Government to restart in full the consultation period, which started a few months ago. Things have changed rapidly since the beginning of the process, which makes it wholly unfair. We should restore dignity and self-esteem to people in Remploy and keep them in employment as far as we possibly can.

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[Mrs McGuire]

That is the real statistic. We in this House bandy figures around, but the reality is that we are talking about people who are finding themselves—day after day, week after week, month after month—being unable to get a job. That is the reality: 2.5 million unemployed.

[Ian Lavery]

In my constituency, and in the north-east region, unemployment has increased again, yet the Minister with responsibility for employment did not even turn up to a Westminster Hall debate today to respond to the comments of MPs from the north-east whose constituencies face serious problems. That is a total disgrace.

[Mrs McGuire]

And that is the issue this Government need to attend to. We have a crisis in social care. The directors of adult social care services have identified in excess of £1 billion of cuts to social care budgets.

What in this motion do the Government disagree with? It recognises there should be reform of DLA. It raises concerns about the WCA. It recognises the role of carers. It promotes independence, choice and control for disabled people. It asks the Department to restore, in writing, its commitment to equality for disabled people. It calls for a full cumulative impact assessment of the effect of what is happening on the lives of disabled people. It asks for reform of the WCA descriptors.

I always think it is faintly amusing that when we talk about disabled people in this House, Cabinet Ministers often find more time to talk among themselves—as some of them are doing now on the Treasury Bench—than to listen to the debate. I hope the Minister replying to this debate will recognise that this is a sensible motion that is looking for consensus, and that he will respond in keeping with that spirit of consensus.

[The Minister of State, Department of Health (Paul Burstow)]

First, I want to say on behalf of my colleague, my hon. Friend the Member for Basingstoke (Maria Miller), who has responsibility for disabled people, that she has had to attend a Westminster Hall debate to respond to the hon. Member for Sheffield, Heeley (Meg Munn). She would have liked to attend the conclusion of our debate, however.

Last week, the House debated mental health on a Backbench Business Committee motion, and it made a powerful statement about the need to challenge stigma in mental health—a topic we have also touched on today. That earlier debate was made all the more powerful by a number of personal stories told by Members on both sides of the House. It was a debate that will be long-remembered by those who participated, and I know from the many e-mails and letters I have received that it reached well beyond the usual suspects who avidly follow our proceedings. That is also the case in respect of some of the issues raised in today’s debate.

Let me begin by referring to an issue raised in the opening speech by the right hon. Member for Birmingham, Hodge Hill (Mr Byrne). It is an issue very dear to my heart as Minister with responsibility for mental health, and in respect of which the Government will shortly be coming forward with a suicide prevention strategy. I am talking about the issue of concerns that some constituents bring to our surgeries. I cannot talk about the individual case, but I will make sure that a ministerial colleague writes back to him once the details are known. What I can assure him and other hon. Members is that all staff are trained in dealing with vulnerable groups, including those with potential for self-harm. Occurrences of self-harm are rare, as are suicides. It is also worth saying that Atos has appointed mental health and cognitive intellectual champions to provide advice on handling any aspect of these cases, including dealing with cases of potential self-harm and suicide. I wanted to put that on the record because talk about suicide can itself be damaging, and I want to ensure that we address these issues correctly.

[Ian Lavery]

rose—

[Paul Burstow]

I have so little time—I have minus 10 minutes, in theory—that I would like to ensure that I respond to the points that have already been made.

Disability living allowance has been mentioned by a number of hon. Members. It is worth saying that Labour left the assessment process as a piece of unfinished business; it did not properly take into account all those with sensory, mental health and cognitive impairments. The move that this Government are making to the personal independence payment gives us the opportunity to ensure that we do take proper account of the impact of mental health needs and fluctuating conditions. The right hon. Member for Stirling (Mrs McGuire) said in her summing up that the Labour Government dealt with the issue of life awards in 2000. Yes they did—they changed the name to “indefinite awards”. Some 70% of those are still on the case load and they have just been given a different name. The reality is still the same.

The hon. Member for Edinburgh East (Sheila Gilmore) talked about PIP assessments, and I want to tell her that the Government are still considering the findings of the consultation on the assessment process. The consultation closed on 30 April and we will be publishing the response to it, along with the current consultation that we are doing on the detailed design, in the autumn, before this House properly debates those matters as part of the regulations.

My hon. Friend the Member for Chippenham (Duncan Hames) talked about Labour’s legacy of subcontracting out to Atos the decision-making process, and fettering, in a way, the way in which decision makers could act. He is absolutely right about that, which is why we have given back flexibility to decision makers. Indeed, we have moved away from the hard, harsh and tough approach taken on work capability assessments by the previous Government. We have taken the recommendations of Professor Harrington’s independent reviews seriously and implemented all of them. We are building on his recommendations, following his engagements with charities, on how we make sure that the assessment process is more accurate and does properly reflect fluctuating conditions and takes into account those with mental health conditions. Again, that point was raised by my hon. Friend.

Employment Support

Ian Lavery Excerpts

Wednesday 7th March 2012 Commons Chamber

[Maria Miller]

Yes.

[Ian Lavery (Wansbeck) (Lab)]

The heartless, callous decision announced today casts hundreds of hard-working disabled people on to the scrap heap, probably for a lifetime. The Minister continues to state that they will get jobs elsewhere, but in my constituency, 55.5 people are after every jobcentre vacancy. Can the Minister tell me where they will get employment?

[Maria Miller]

The hon. Gentleman really should have been listening to what I was talking about. Under the Labour Administration, 28 factories were closed in very difficult circumstances. What we are doing differently is making sure that the proper support is put in place, which it probably was not in the case of factories closed under Labour. We want to make sure that disabled people who are affected by the plans today have that support, and I hope I can call on the hon. Gentleman’s support to make sure that his constituents are aware of it.

Welfare Reform Bill

Ian Lavery Excerpts

Wednesday 1st February 2012 Commons Chamber

[Ian Lavery (Wansbeck) (Lab)]

If anyone ever had any doubt about the same old Tories and the nasty party, they have just seen an absolutely fine example of it. I am not surprised by the views of the hon. Member for Shipley (Philip Davies) either, bearing in mind that he said that disabled people should work for less than the minimum wage—well done!

[Philip Davies]

Will the hon. Gentleman give way?

[Ian Lavery]

On the issue at hand, one in three of us—

[Several hon. Members]

rose—

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. It is up to the hon. Gentleman whether he wishes to give way. Having three people shouting at once is not the way to get anyone to give way.

[Ian Lavery]

Thank you, Mr Deputy Speaker.

One in three of us suffers from cancer at any one time. I am very unfortunate, as my parents and my wife’s parents all died at a relatively young age.

[Philip Davies]

On a point of order, Mr Deputy Speaker. Is it in order for an hon. Gentleman to make an accusation that five national newspapers apologised for making? Is it in order for him to make the same accusation and then not give way to allow me to correct him? Those five newspapers at least had the courtesy to acknowledge that they had made a mistake.

[Mr Deputy Speaker]

That is not a point of order for the Chair, but you have put the point on the record which I think is what you wished to do.

[Ian Lavery]

As I was saying, one in three of us—[Hon. Members: “Shame!”] I will start again. One in three of us, sadly, comes into contact with cancer during our lifetime. It is a very difficult situation. I lost both my parents, and my wife lost both of hers, so I understand how sufferers and their relatives and friends are affected. It is not just the disease that has an effect—there is also the mental and physical stress and traumatisation for people who suffer from diseases such as cancer and stroke.

Some of the people who suffer from cancer might not see two years—they might not have a vision of the next two years on this earth—but the Government propose to cut benefits from those people at that time in their lives. It is absolutely dreadful that in 2012 we have a Government who are even considering such heinous acts against the most vulnerable. When the Secretary of State, who has left the Chamber, discusses these issues on television and in the media he seems to relish the fact that benefits will be cut. He seems to have a sense of contentment or self-satisfaction—almost an arrogance beyond belief—when he states clearly that benefits will be cut. To say the very least, it is gut-wrenching.

We as politicians across the board should be looking to defend people whose voices are mostly unheard. They elected us into our positions, and they depend on us. The Government must consider an extension to ESA for two years, and we must exempt those receiving cancer treatments from any time limit whatever. It is breathtaking and incomprehensible that benefits are being cut from people at that critical point in their lives, when some see the possibility that they will not live much longer.

There are regional differences as well, regarding the availability of cancer treatments, for example. The north-east fares very poorly in that. We also have the highest incidence of newly diagnosed cancers, and I am certainly not happy with the cutting of benefits in any way, shape or form to people suffering from cancers, strokes and all those debilitating diseases.

In conclusion, we need to give such people a break—give them a chance and some understanding. You can nod your head all you wish.

[Sarah Newton (Truro and Falmouth) (Con)]

Obviously, the hon. Gentleman is not concerned with the facts at all. Cancer does not respect political boundaries. Do you not think that colleagues on this side of the House have suffered in the same way that you have? Such a person as you have described would clearly be in the support group.

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. We do not need Front Benchers to join in as well. We have enough with the Back Benchers.

[Ian Lavery]

Thank you, Mr Deputy Speaker. I am the sort of person who would not, in any event, agree to cuts for people on benefits who were suffering from debilitating or life-threatening diseases. That is the type of person I am. If you want to vote for that—my apologies. If it is your intention to vote for that, you do it.

[Mr Deputy Speaker]

Order. We are going to go through the Chair and we cannot use “you”. We know better now. Okay, Mr Ian Lavery.

[Ian Lavery]

Thank you, Mr Deputy Speaker.

[Mr McCann]

Will my hon. Friend give me some clarification to get the facts straight? If someone who has worked all their life and paid contributions to the system tragically contracts cancer, after one year will their ESA contributions-based benefit stop?

[Ian Lavery]

That is certainly the intention of the Government’s proposal, and it is absolutely outrageous.

To conclude, bearing in mind the time, I want to say that it is about time that we gave some dignity to the people we have mentioned—

[Chris Grayling]

It is important that the House understands the facts. Somebody who is diagnosed with cancer who goes through chemotherapy will spend an extended period in the support group, so they will not lose benefits after 12 months. Does the hon. Gentleman accept that, today, there are more cancer patients receiving unconditional ongoing support in the support group than under the previous Government?

[Ian Lavery]

What I will not accept is that everyone suffering from cancer will be in the work group. That is not the case. They might be in for a short time or a prolonged period, but they are not guaranteed to be in there all the time. That means their benefits will be cut.

[Sheila Gilmore]

Does my hon. Friend agree that it is rather strange that a Government who have been saying that disabled people should not be condemned to worklessness and should be encouraged to work seem to be turning on a pin to argue that everything will be all right because all those people will be in the support group?

[Ian Lavery]

If that was the case, there would not be a problem with the legislation. Everybody would get what they were due and there would not be the apparent cut.

For the third time, I shall try to conclude. We must give dignity to those people, who are in most need, and stop the war against those in need.

[Dr Whiteford]

I will try to keep my comments brief, given the time pressure on us.

The Lords has done us a big service by highlighting the impact and implications of these measures for sick and disabled people. The 12-month limit to contributory ESA is arbitrary. Regardless of the people in the support group, the measure will affect people who are adapting to radical and serious changes in their health, income and life. They might be suffering from life-limiting conditions, long-term disability or fluctuating conditions. They might be people who have been used to living on an average income, but will have to get used to living on a very low income. Those adaptations take time; getting better takes time. Some people will take less than 12 months, some considerably more. Macmillan thinks that 94% will need support in the work-related activity group for more than 12 months. In that respect, while I do not accept the principle of an arbitrary time limit, I suspect that two years would catch more of those people and see them getting the support they need.

Fundamentally, these measures will upset the contract that we all like to think we have when we pay our national insurance contributions—that there will be some limited safety net for us if we are unfortunate enough to become sick or disabled. That could happen to any one of us in this Chamber, at any time. We do not know when we are going to have an accident or develop a serious illness, so not only cancer is involved, although we know that people across society are affected by it. Other conditions are just as serious, and the same principles apply.

On insecurity, I should draw an analogy with what happened when banks tried to prey on people’s insecurities about the future by asking them to take on insurance for loans they had taken out. The banks have had to pay out seven-figure sums in compensation to people who were mis-sold insurance policies. I hope that that does not happen again as people think, “If I get a serious illness, there will not be support for me.” I am worried that there will be an opportunity for unscrupulous selling of insurance policies to vulnerable people at the most vulnerable times in their lives.

I am concerned about the knock-on impact of the proposals on carers too. In my constituency, I have seen families working longer hours, often in low-paid jobs, just to provide financially for family members who are no longer able to work, but who once were. There is particular concern around young people; that was mentioned earlier in the debate, but it has not been focused on so much. Parents of disabled young adults have often saved throughout their lives as they are concerned about what will happen when they are no longer able to look after their children. They have saved for their children to ensure that they have independent means and a bit of money behind them for when they are adult and their parents are no longer in a position to provide.

It would be unfortunate if the capital of those young people were eroded at a time when they still had some support from their parents. They might be prevented from having an independent old age and might be made more dependent on the state than they would otherwise be. That is about the dignity of young disabled people as much as anything.

I urge the Government to consider the fact that ESA needs to be assessed on the basis of medical need, not an arbitrary time limit. People should get the support they need according to their health, not some arbitrary category that they may or may not fit into.