Disability Benefits and Social Care

Sheila Gilmore Excerpts
Wednesday 20th June 2012

(11 years, 11 months ago)

Commons Chamber
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Sheila Gilmore Portrait Sheila Gilmore (Edinburgh East) (Lab)
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Does my right hon. Friend agree that after closures like this, people often end up on benefits? In my constituency, a Blindcraft factory, not Remploy, was closed by the then Lib Dem council. The majority of the people who worked there have not been found jobs in the wider economy, which would have been desirable, and they are back to being unemployed and sitting around at home.

Liam Byrne Portrait Mr Byrne
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My hon. Friend makes my point for me. When the reform of ESA and back-to-work programmes such as the Work programme are failing so badly, shutting these factories down without providing real answers about their future will, I am afraid, have terrible consequences in communities all over the country.

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Maria Miller Portrait The Parliamentary Under-Secretary of State for Work and Pensions (Maria Miller)
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As the right hon. Member for Birmingham, Hodge Hill (Mr Byrne) seems to be rather hazily acquainted with some of the facts and the reality of his time as Chief Secretary to the Treasury, perhaps I may take some time to recount to him some of the facts, in particular that spending on disability living allowance increased by 40% between 1998 and 2010 and that the welfare bill rocketed by the same amount. Indeed, in a decade of unprecedented growth and rising employment, improvements in the life chances of disabled people were, sadly, few and far between.

Members do not have to take my word for that. The hon. Member for Dagenham and Rainham (Jon Cruddas) has said:

“We need to address some home truths about the Labour government’s welfare changes…they have seriously eroded the protection of disabled people...The methodologies that underpinned much of our argument are questionable.”

Those are telling words. Labour’s something-for-nothing culture was more than just their Government borrowing money they did not have. They failed to tackle welfare reform. That has corroded people’s trust in the system, and it is disabled people who are left to deal with the fall-out.

Sheila Gilmore Portrait Sheila Gilmore
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The Minister will be aware that research shows that at least half of the 30%—or 40% now—increase in DLA payments was due to demographic changes. The Minister should not give an exaggerated picture of what has been going on.

Maria Miller Portrait Maria Miller
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The hon. Lady will know that that 40% figure is an absolute truth. She will also know that the majority of the increase has nothing to do with demographics. She should look at the figures more carefully. Unfortunately, now that Labour is in opposition, it is more willing to engage in the petty politics we have just heard—points scoring—than in a meaningful debate about how to transform disabled people’s lives.

We must not forget that for disabled people independent living is about far more than disability benefits or social care alone: it is about individuals having choice, control and freedom in their daily lives; it is about attitudes, and making sure disabled people receive equal treatment; and it is about us in society, and the make-up of the communities in which we live. I hope that in the winding-up speeches Labour will answer more fully why it still believes in the segregated employment that my hon. Friend the Member for Blackpool North and Cleveleys (Paul Maynard) mentioned earlier.

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Maria Miller Portrait Maria Miller
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The hon. Gentleman is absolutely right to bring up the challenges in ensuring that the right support is in place for people with fluctuating conditions, particularly those with mental health problems. That is why so much emphasis has been put on that in the reform of how the work capability assessment works and in other areas, too. In the reform of the DLA, we are focusing on that issue—

Sheila Gilmore Portrait Sheila Gilmore
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Will the Minister give way?

Maria Miller Portrait Maria Miller
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If the hon. Lady lets me finish my reply to the last intervention, that would be helpful. We must ensure that across the board we recognise that for many people who are not in employment, mental health problems are the primary cause. We need much broader understanding of how to ensure that we help people with mental health problems to get into work, whether that is through the Work programme or the work capability assessment.

Maria Miller Portrait Maria Miller
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I will give way to my hon. Friend, then to the hon. Lady, then I really must move on.

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Maria Miller Portrait Maria Miller
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Will the right hon. Gentleman let me finish my comments on this point? I think his hon. Friend the Member for Edinburgh East (Sheila Gilmore) was expecting to intervene, too, so perhaps a little more civility is called for.

My hon. Friend the Member for Meon Valley (George Hollingbery) is absolutely right to say that disability living allowance will not be counted within the benefit cap. People who are in receipt of DLA will not be subject to that cap. That is a really important point to make and it is the sort of detail that can make all the difference. The same is true of his comment about the carer’s allowance, which will be outwith universal credit although the universal credit will also recognise the important role that carers play. As this is carers week, we should pay tribute to their role in our communities and our constituencies. I also pay particular tribute to the work of the Minister of State, Department of Health, my hon. Friend the Member for Sutton and Cheam (Paul Burstow), to make more support available for carers, especially through carers’ breaks and by ensuring that carers are able to continue their important role.

Sheila Gilmore Portrait Sheila Gilmore
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I want to follow up on fluctuating conditions. Professor Harrington has been mentioned in the debate. He endorsed work carried out by charities on the fluctuating condition and mental health descriptors, so why have the Government chosen not to follow that up?

Maria Miller Portrait Maria Miller
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We absolutely are following that up. I know that the hon. Lady follows such matters closely, so perhaps I need to ensure that she has more details, because I would have anticipated that she knew we are carrying out more work to ensure that there we have a robust evidence base, as she would expect.

I shall draw my remarks to a close. Given that this is an Opposition day debate, I had hoped that we would hear some clear ideas from the Opposition about what they would do; instead, we have heard the same confusion.

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Dan Poulter Portrait Dr Daniel Poulter (Central Suffolk and North Ipswich) (Con)
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I oppose the motion, muddled as it is, and support the Government, based on the principle, which underpins their benefits system reforms, that people should always be better off in work than on benefits; on the fact that disability living allowance needs to be reformed and overhauled for the benefit of the people who receive it; and on the fact also that the Government are increasingly committed to putting in place social care reforms and reforms that benefit carers and people who look after those with disabilities.

It is important to pay tribute to the previous Government’s laudable aims on a number of those objectives, and in that respect we are all Blairites. Tony Blair said, as we believe, that people should be better off in work than on benefits, that we have an over-complex benefits system, and that we live in a country where there is generational worklessness on many estates throughout the land. Those problems are all unacceptable, but it has fallen to this Government to tackle them, and it is a great pity that after the previous Government’s 13 years in power, many still exist and, in fact, became worse rather than better.

The principle that underpins the reforms under discussion is the idea that people should always be better off in work than on benefits. This Government have inherited an over-complex benefits system that is comprehensible only to experts, and the fact that it is so complicated means that the people most in need of benefits find it difficult to access the benefits to which they are genuinely entitled.

The system often lets down the most vulnerable in our society, too, and DLA is in great need of reform. People who have historically been categorised as disabled under the system that we inherited have sometimes been written off by it, even though we know that someone with a mental health problem, or with a physical illness, can greatly benefit from engagement in the workplace. The act of working, and of being part of the workplace, is an important part of the rehabilitation and medical care of somebody who suffers from a mental health condition.

Sheila Gilmore Portrait Sheila Gilmore
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The hon. Gentleman makes the mistake of confusing DLA with incapacity benefit, which has now become employment and support allowance. DLA is not a benefit that writes people off into unemployment; it exists to help people to meet the additional costs of disability, and many people who receive it are, indeed, in work.

Dan Poulter Portrait Dr Poulter
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I am not making that mistake at all. The point is that the previous Government’s benefits system put people in a category in which they were characterised as not fit for work, often for the long term. But it is important that somebody who has a mental health problem, or who has an intermittent or a lapsing physical illness such as multiple sclerosis, can, if they are able to, work. People with mental health problems—there is very good medical evidence to support this—often benefit from engaging in work. It improves their mental health and is an important part of their recovery.

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Sheila Gilmore Portrait Sheila Gilmore (Edinburgh East) (Lab)
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A lot of strange things have been said by Government Members: they say that the Labour Government did nothing to reform benefits, yet say, “You invented the work capability assessment, so you’re responsible for it.” It cannot be both. As a new Member in 2010, I came here intent on criticising the implementation, not the principle, of WCA, regardless of who formed the Government. I made that clear in one of my first speeches. The fact that someone might think it a good thing, in principle, to carry out an assessment does not mean that the specific form of assessment we have been using has worked.

I want to talk, in particular, about how the change from disability living allowance to personal independent payments is likely to take place. I draw attention to a report published in Scotland and based on work by the Learning Disability Alliance Scotland, which took the proposed test, as published, and ran workshops with about 135 people with learning disabilities to see how the test would work in practice. It found that 12% of DLA recipients would not be awarded PIP. Given that there are 24,500 people with learning disabilities in Scotland, nearly 3,000 could be at risk of losing their entitlement.

The report refers to one case study involving a woman with Down’s syndrome living in the Gorgie area of Edinburgh. At the moment, she receives the low level of the care and mobility components of DLA, which makes a huge difference to her life. The care component means that she can cook meals with fresh food, which is particularly important to people with Down’s syndrome, and the mobility component allows her to get reliably to and from her part-time job in a local supermarket. She can afford the bus fares and can get a taxi if she makes a mistake or gets lost. The awards also help her to cover additional costs. For example, a learning disability means that sometimes she leaves the heating on by mistake and so has higher heating bills. Her DLA means that she can pay these bills without too much worry and difficulty. Under the proposed test, however, she scored only four points, which would mean her losing £41 a week, or £2,000 a year.

The report found that 30% of those in receipt of the mobility component and 40% of those in receipt of the care component would receive less under PIP. For example, Frankie, who lives in a small town in a small group home run by a voluntary organisation, receives nine hours of support a week from paid staff as part of his living accommodation. He has a learning disability, cannot read, has a long-term health condition that requires periods in hospital and has mobility problems. At the moment, he receives the medium rate care component and higher rate mobility component of DLA. Under the PIP assessment, he scored some points in some areas, such as living needs—he needs help using appliances and understanding written communications—but that amounted to only seven points. That means he would not get those benefits and would be £85 a week worse off—£4,400 a year.

Yvonne Fovargue Portrait Yvonne Fovargue (Makerfield) (Lab)
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Does my hon. Friend agree that the changes to the legal aid system whereby access to welfare benefits advice will either be severely curtailed or not available at all will severely affect people’s attempts to appeal against these decisions, which appear perverse?

Sheila Gilmore Portrait Sheila Gilmore
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As my hon. Friend says, there are considerable problems with people being able to access legal advice on making appeals, but it is extremely difficult to access advice generally, given the cuts. We are certainly seeing that in my city, where the advice shop—one of the main advice centres—cannot see people for two weeks. Consequently, appointments are made two weeks in advance. Following an assessment result, people sometimes get a letter telling them that they have three weeks in which to appeal, yet it is difficult for them to get even basic advice in order to make an appeal. That is the reality that people are facing on the ground, so we need to look hard at the proposed tests.

Another important aspect of this debate—the Select Committee on Work and Pensions draw attention to this, and I hope that the Minister will consider it seriously—is that if we follow the pattern used with the employment and support allowance, people will be tested and re-tested, even though nothing in their circumstances has changed. One of the Select Committee’s recommendations was that limits should be placed on the number of re-tests under the new PIP. That is not to say that people should not be tested, but if they are re-tested constantly we may run into the problem of people having their next test virtually before they have finished their last test or their last appeal. That is not helpful, particularly for people with mental health problems, for example.

Nadine Dorries Portrait Nadine Dorries (Mid Bedfordshire) (Con)
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Does the hon. Lady agree that there is a balance to be struck, in as much as those in long-term care—the very vulnerable people she is talking about—should perhaps not be subjected to re-testing in future, whereas the others are entitled to a face-to-face reassessment, and that that is what should happen?

Sheila Gilmore Portrait Sheila Gilmore
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I do not disagree with the hon. Lady, in the sense that there has to be the flexibility to look at people’s exact circumstances. The point I wanted to make is that we need to impose some limitations, because the stress of having to go through the process is extremely great for some people, and their illness can be made worse.

Although I have taken interventions, and therefore have extra time, I do not want to take up too much time, because one or two other people still want to speak. The Minister who opened the debate would no doubt respond by saying that we are scaremongering—that what we have described will not come to pass under the test and that everything will be fine. Indeed, she has gone further than that. She has said on numerous occasions that one of the reasons for having a new benefit and not simply changing DLA is that people who currently do not qualify—people with communications difficulties, she has suggested, or people with mental health difficulties—will now qualify under the new benefit. That suggests that more people will be entitled to PIP. I want to know how she can square that with making savings of the size that the Government say they want. If more people who do not currently receive the benefit will qualify, that suggests that even more people will claim than at the moment.

The Minister has also said that we should not worry about the tests because they are going to be a “conversation”, and are not really going to be a test. She has also said that we should not worry about the time limits on tests because a test should take as long as it takes. That all sounds wonderful, but I would like to know—the Minister has to answer for us—how it squares with cutting costs. Indeed, it will add to the administration costs, so is that included in the contract with providers? We do not really know what the terms of the contract are, and if those things are not in the contract, they will not happen. Therefore, for all the warm words about having conversations, being relaxed and the tests taking as long as they take, what the Minister has described will simply not happen unless we are given clarity on whether it is in the contract.

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Paul Burstow Portrait Paul Burstow
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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.

Paul Burstow Portrait Paul Burstow
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I cannot give way during this debate. A question was asked about whether Professor Harrington will continue to undertake reviews. He will be conducting a third and final review—the legislation commits to two further reviews—but I think that after three reviews he gets time off for good behaviour. The Government are not telling him to go—if he wanted to stay, we would be happy for him to do so. The reality is that he has done a good piece of work on behalf of this Government and we want to make sure that that is followed through.

The hon. Member for Wansbeck (Ian Lavery) asked a number of questions, as did my hon. Friend the Member for Chippenham and others, about Remploy. Let me be clear about the consultation process: the objective is to preserve jobs. We made a number of announcements, on wage subsidies and on the £10,000 to support employee-led bids. We did that in response to expressions of interest that we have already received. Discussions have taken place between Remploy and bidders, as part of the normal commercial process. My hon. Friend asked about social enterprise businesses, and there has been engagement with them. The whole process will run for five and a half months. The previous Government’s modernisation plan was meant to turn this sector around, but we still face a £68 million loss, which is why we are making the changes that we are having to make now. My hon. Friend asked whether the consultation report will be published. Yes, it will. We are also making sure that when individual discussions take place with employees, there is a discussion about the contribution that the £8 million support package constitutes. The hon. Gentleman also asked a question about the accrued rights of existing members of schemes, and I can assure him that those will be protected.

The hon. Member for Aberdeen North (Mr Doran) made a very good point about independent advisory groups, and there will be one to examine all the business plans and advise the Remploy board prior to decisions being made about those plans. I also understand the importance of ensuring that any conflicts of interest are carefully handled, and my ministerial colleagues at the Department are certainly very focused on that.

I am the Minister responsible for social care and so I want to address those parts of the debate. We should be honest: successive Governments have failed to tackle social care. In the past 13 years, in a time of plenty, Labour failed to get a grip on the issue. We have a system in this country governed by laws that were written in the 1940s and look back to Poor Law principles. Social care and social work should enable disabled people, older people and their carers to live the lives they want to and that is why we will shortly set out a comprehensive overhaul of social care law in this country, placing people’s wellbeing at the heart of decision making and focusing on goals that matter to individuals. We will build on the excellent report by the Law Commission on social care law reform to ensure that we have a legal framework that supports a much more personalised approach.

As the Government consulted with charities last year and worked with families, carers and others, we heard many criticisms of the social care system we inherited. We heard a long and deep-seated set of concerns about the variability of quality, about people feeling bounced around different systems and not always getting the personalised support that they wanted, and about the system being focused too heavily on crisis and not enough on prevention. We will address those issues in the White Paper we will publish shortly.

My hon. Friend the Member for West Suffolk (Matthew Hancock) and others spoke about funding reform and we will publish a progress report on that matter. We certainly understand the point made in the debate about the unfairness inherent in the system we have today. The flaws in that system penalise thrift and hard work and lead to people facing catastrophic costs. Those hon. Members who have said that we need a cross-party solution are absolutely right and the Government are committed to talks so that we secure just that.

Some hon. Members have talked about social care funding. The truth is that the Government took some difficult decisions during the spending review, but they were the right decisions and social care budgets were protected through the investment of an extra £7.2 billion up until 2014. It is clear that councils that have broadly the same resources available are making very different decisions. Some are cutting services, but many are being smarter and are working with disabled people, older people and carers to come up with better ways of delivering care and support in their communities. Indeed, the most recent survey of councils by the Association of Directors of Adult Social Services found that councils were getting smarter and finding more efficiencies than they had in previous years, as well as fewer cuts. Indeed, this year 77p in every pound that councils have saved in social care budgets has come from smarter working and greater efficiency.

My hon. Friend the Member for Central Suffolk and North Ipswich (Dr Poulter) rightly talked about the need to break down the silos in health, social care and housing and we will break them down to ensure that people are not bounced around the system and are treated with the respect and dignity they deserve.

In conclusion, I want to talk about carers, who have been mentioned—rightly, as this week is carers week—by my hon. Friend the Member for Chippenham and others. It is right that we should pay tribute this week to the immense contribution of family carers, but, as others have said, we need to ensure that we do not focus on carers only in carers week. That is why the Government have committed £400 million through the NHS to provide breaks for carers and it is why we are requiring primary care trusts to draw up the plans to demonstrate how they will provide support to carers. This September, they will have to publish those plans and set out how breaks will be provided for carers as well as how many will be provided. Just this Monday, I had the opportunity to visit Crossroads Care in Cambridgeshire to see for myself the difference that those breaks make. A scheme has been introduced whereby GPs can prescribe carers’ breaks. We have discussed carers staying in employment, and tomorrow we will host with employers a carers summit to focus specifically on how we break down barriers so that we can ensure that carers do not feel tipped into crisis and find themselves out of work as a consequence.

The coalition Government are clearing up the mess left by the previous Labour Government—a huge deficit and an unbalanced, debt-ridden economy, after tough decisions had been ducked time and again. The Leader of the Opposition’s motion lacks vision. It shows Labour running away from its responsibilities and record, but the coalition Government are committed to reforming the way in which the country works so that people are in a situation in which work pays. We will ensure that disabled people are included in society and able to contribute to it, and that social care, after decades of neglect by successive Governments, is at long last reformed.

Question put.

Parkinson’s Disease (Employment and Support Allowance)

Sheila Gilmore Excerpts
Tuesday 19th June 2012

(11 years, 11 months ago)

Westminster Hall
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Linda Riordan Portrait Mrs Riordan
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I absolutely agree with my hon. Friend. It needs to be looked at now because people are suffering and it is costing the taxpayer in the long run. I will say more about that later. With respect to the Minister, the people with the condition are best placed to comment on what should be in the forms and what needs to be done to serve people with the disease best.

The nature of the work-related activity group also needs to be addressed.

Sheila Gilmore Portrait Sheila Gilmore (Edinburgh East) (Lab)
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Before my hon. Friend leaves the issue of forms and tests, proposals were brought forward, and were endorsed by Professor Harrington. The Minister promised what he calls a gold standard review in his response to Professor Harrington, which we were told would start early in the new year, to look at this and other issues about the test and descriptors. Does my hon. Friend agree that must now be done urgently? We are now in June and there is no sign that the review has even started.

Linda Riordan Portrait Mrs Riordan
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I absolutely agree with my hon. Friend. That is the message I picked up from the visitors to my surgery. I will move on to when things changed and to show that they are already losing benefits.

That work-related activity group is for those people with Parkinson’s and other conditions and disabilities where it is recognised that the person cannot currently work but may, with considerable support over time, be able to move into employment, which is what the majority of those suffering with Parkinson’s want. Around 45% of people with Parkinson’s assessed for ESA are placed in that group. By common consent, far too many people are placed in that group because the process is very crude and simplistic—as my hon. Friends and I have outlined—and does not take into account the fluctuating and progressive nature of Parkinson’s. Indeed, I have heard of people with Parkinson’s being repeatedly reassessed in the WRAG.

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Chris Grayling Portrait Chris Grayling
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The average figure was about 40% in the last figures that were published. That represents only about 6% of overall claimant numbers. In the case of decision making for Parkinson’s, people are much more likely to end up in a support group. On the average numbers for new claims going through a work capability assessment, 40% are entitled to ESA; 13% are put in the support group; 26% are put in the work-related activity group, and 60% are fit for work. That is the whole gamut of applications.

For Parkinson’s, 71% are entitled to ESA; 33% are in the support group; 38% are in the work-related activity group, and 29% are fit for work at that stage. We expect those who are fit for work—as they reapply and are reassessed as their condition develops—to enter the work-related activity group and then the support group. Of course, when people are not able to work again, they will receive support in the support group.

The hon. Member for Halifax mentioned the case of the constituent affected by the time-limiting proposal. She is right to highlight that. It applies only to people in the work-related activity group and only to people who have money in the bank or who have another form of household income. It establishes the same principle to contributory ESA as has always applied to contributory jobseeker’s allowance. In the way our welfare state works, if someone is a JSA claimant with another form of income or with money in the bank, we have always allowed them to get a contribution back in recognition that they themselves have paid contributions. They get six months of contributory JSA if they have other financial means. We have simply applied that same principle to contributory ESA. We have done that for reasons that the hon. Lady well knows. We face enormous financial challenges, and we have had to take back that part of our welfare state into the safety net that it was originally intended to be, and we have had to accept that we cannot afford to pay benefits to people who have got another form of household income. We debated that extensively in the welfare reform debates. I would rather that we had not had to make that decision, but financial necessity meant that was inevitable.

We are not talking about people who have no other means of support. They are not people whose condition has developed so that they can no longer realistically work again. They are people in the work-related activity group who may be able to return to work with help and support, but possibly not in the profession that they worked in previously. It may be that their condition has made that impossible, but that does not mean that it is impossible for them to work.

Sheila Gilmore Portrait Sheila Gilmore
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The Minister has given us figures for the proportion of people in the work-related activity group, but he has not really addressed the issue of Parkinson’s. The figures that the Parkinson’s Society presented suggest that 45% of claimants are being placed in the work-related activity group. Such people will have lost their previous jobs and are often in their 50s and early 60s. With the loss of the contributory benefit, they have to use up their retirement savings. Will the Minister address the specific issues around Parkinson’s?

Chris Grayling Portrait Chris Grayling
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Nobody has to spend their pension funds while they are of working age. Realistically, if people put aside money for a rainy day, and they become ill and lose their job, but have money in the bank, what else constitutes a rainy day? There will always be limitations on the amount and breadth of support that the state can provide through the welfare state. There were limitations under the hon. Lady’s Government; there are under our Government. The constraints on us are greater than on hers, because the money is not there any more. The reality is that the state has never provided unconditional support for everyone. There are limits inevitably created by an individual’s financial means.

We have only five minutes remaining, so let me touch on a couple of the other points that the hon. Member for Halifax raised. Let me give the context for the gold standard review. We invited the mental health charities and the fluctuating condition charities to bring forward their thoughts on how we could adapt the work capability assessment to reflect more closely what they believed to be the best approach. I am open about this. I want continually to improve this process and I want it to be as good and effective as possible.

What the charities came back with was extremely ambitious, not just in changing the current descriptors. It would involve rewriting and recasting the whole work capability assessment for not only fluctuating conditions or mental health problems, but physical conditions as well. It would involve re-engineering all the software and the assessment. It would probably be a two-year process and extremely expensive. Before we embark on that process—I am open to looking seriously at that—we need to understand the impact of the changes.

More than a year ago, I was told by the charities that if I implemented the internal review that I had inherited from the previous Government, with recommended changes to the work capability assessment, it would disadvantage particularly people with mental health problems. The advice that I had internally was that we had done a similar review to the gold standard review on the work capability assessment, as it was then structured, and it showed that more people with mental health problems would end up in the support group—the opposite of what the charities had said. History has shown that the internal advice was right and the charities were wrong, so I really want to get this right. I do not want to embark on a grand project to reorganise this without getting it right.

Work has started on the gold standard review. The terms of the project have been agreed. There are meetings between the Department and the charities virtually on a weekly basis at the moment. The work is being carried out over the next few months. We will judge the outcome of that work and ascertain whether there is a need to make changes or whether the charities have got it wrong. We have to do that. The hon. Lady would expect us to do that. In the meantime, we are looking to embed some of the recommendations that they have made into the way the ESA50 form is structured. If that enables us to tease out more information that is of value to the decision maker, informing the decision about a person’s condition, that is clearly the right thing to do.

The other point that the hon. Lady made was about the support not being there for people in the work-related activity group. That is not correct, either. Every single person in the work-related activity group on ESA has access to the Work programme tomorrow. They will receive specialist back-to-work support from one of the providers operating up and down the country—a mix of public, private and voluntary sector organisations, some with specialisms in fluctuating conditions. There is a specialism within each supply chain for those who are on ESA. One of the challenges that we have at the moment is trying to encourage more people to come forward and take advantage of that support. It is absolutely not the case that people cannot access help and support. Everyone has access to support, and it works.

We had a case a few months ago—not a Parkinson’s sufferer, but a gentleman from the north-east who was partially sighted and in a wheelchair. He had applied for thousands of jobs and got absolutely nowhere. He did not believe he could get back into work in a part of the country where the labour market is weak. He joined the Work programme and within a small number of weeks was in employment with a job and his life turned round. That, fundamentally, is what this is all about. I know it is difficult and sometimes challenging. I know that it takes many people through a process that they do not want to go through, because they do not actually believe that they can make a return to the workplace. Is it not better if we can help them get there? Even if they happen to have had to give up the profession that they have had for years, because their condition makes that no longer possible, surely it is better to get them back into doing something that they can do with their condition, that can keep them in the workplace for a few more years and give them a chance to live a more fulfilling life. That is what we are trying to achieve. We will not always get it right. The system is not perfect. It never can be perfect. I wish that it could be, but it cannot.

In conclusion, I can tell the hon. Lady that this is absolutely about saving lives, not saving money. I genuinely want to see more people given a chance to live a more fulfilling life. We will do everything that we can to help them, but those who cannot work again will get ongoing unconditional support.

Oral Answers to Questions

Sheila Gilmore Excerpts
Monday 23rd April 2012

(12 years, 1 month ago)

Commons Chamber
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Chris Grayling Portrait Chris Grayling
- Hansard - - - Excerpts

We have had enormously gratifying levels of support from employers for the youth contract, in terms of their willingness both to hire and to give apprenticeships to young people. In particular, I wish to pay tribute to all the companies, large and small, around this country, including in your constituency, Mr Speaker, and that of my hon. Friend, which are providing work experience opportunities for young people. We know that such opportunities give them a much better start in life than those who do not have that experience.

Sheila Gilmore Portrait Sheila Gilmore (Edinburgh East) (Lab)
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Press reports have suggested that the amount of extra support being given to young people might be as little as a text message. Will the Minister be specific about how much face-to-face advice and support young people are getting under this programme?

Chris Grayling Portrait Chris Grayling
- Hansard - - - Excerpts

Much more than was the case under the previous Government. We do not apply a one-size-fits-all approach; we do not drag somebody in from a work experience placement or from a sector-based work academy to do an interview with them. However, we keep in contact with everyone every week, and when people are not working—when they are not in a work experience placement—we are now providing weekly contact with young people, as opposed to the fortnightly contact that was the case under the previous Government.

Work Experience

Sheila Gilmore Excerpts
Tuesday 13th March 2012

(12 years, 2 months ago)

Westminster Hall
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Marcus Jones Portrait Mr Jones
- Hansard - - - Excerpts

I thank the hon. Lady for her comments. There is a distinction. With work experience, we are talking about a short-term opportunity for young people; they can be given some short-term experience of work to allow them to get into mainstream employment, often with employers who are keen to take on a certain number of those who have been on work experience and to put them into proper employment. There is a distinction from internships, which have traditionally been used as a method of giving people experience in this place, but also in law firms and all sorts of other professions. There is a distinction, and we need to be alive to that.

Over recent weeks, I have been pretty dismayed by the response to the current Work Experience scheme offered by the Government in partnership with many of our best companies in this country. I have been dismayed by the vitriol towards employers, who have not sought to create a free supply of labour but, on the contrary, have shown a genuine will to give experience and a chance to young people who, for whatever reason, have not been given that chance elsewhere.

Sheila Gilmore Portrait Sheila Gilmore (Edinburgh East) (Lab)
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I was open to the hon. Gentleman’s comments about not being ideological, so I hoped that he would rebut some of the interventions that he has already had, which were extremely ideological. On the specific question of the Work Experience scheme, does he agree that the work experience must be relevant to the needs and previous experience of the participants?

Marcus Jones Portrait Mr Jones
- Hansard - - - Excerpts

It does have to be experience, but I hope that the hon. Lady is not taking us down the route of demeaning certain types of employment—I will come on to this in a moment—or of being what I call a job snob. I am sure that she is not seeking to do that at all. Over recent weeks, however, we have seen a small cohort of people who have been willing to show a great deal of vitriol towards some of those companies which were willing to give young people an opportunity. In the debate today and over the past few weeks, we have seen what I consider to be the huge red herring of whether work experience is compulsory or voluntary, and that has been a huge distraction from the real issue.

--- Later in debate ---
Sheila Gilmore Portrait Sheila Gilmore (Edinburgh East) (Lab)
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It is a pleasure to serve under your chairmanship, Mr Howarth. I congratulate the hon. Member for Nuneaton (Mr Jones) on securing this debate, although despite his claims that he would not be ideological, I think that he was ideological throughout.

Last Friday, I met a young man in a local community café that is run entirely by volunteers and opens for two hours a week. It is quite new, but it has been very successful. The young man started to volunteer in that café through an arrangement with his school, as he was soon to be a school leaver and had some learning difficulties. He has since left school, although he has continued to volunteer. He told me that as a result of that volunteering experience, Debenhams had offered him the opportunity for paid work in its city café for four hours a day. I thought that that was a great story and a wonderful example of what work experience can do.

When I served on Edinburgh council, we started a scheme called JET—jobs, education and training—first in one high school, although it was subsequently rolled out to others. It was for a cohort of pupils who were in their final year at school but who were likely to emerge with very little to show for it, probably because they hardly ever attended. The pupils and their families were approached and asked to sign up for the scheme. They had a reduced school timetable; they spent one day a week doing work experience and one day a week at a college doing training that was related to that work experience. There were about 20 of those pupils in each school, and although I cannot say that they all came out with jobs at the end of the scheme—we discovered that a lot of them had deep-rooted personal problems—it was a good programme that involved a period of work experience and, importantly, was related to training.

I therefore refute absolutely the allegations that Labour Members are somehow against work experience or even—this is the allegation repeated by the hon. Member for Nuneaton—that we are content to leave people stuck in unemployment. That is totally wrong.

Marcus Jones Portrait Mr Marcus Jones
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Will the hon. Lady say whether she supports the Government’s work experience programme that I spent about 20 minutes outlining?

Sheila Gilmore Portrait Sheila Gilmore
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I was about to come on to that, but I wanted to establish the importance of correctly managed work experience.

What is wrong with the current scheme? To me, the most important thing is that work experience moves people away from their current situation and towards employability, whether or not that involves a job right away. As Ministers and others have said, it is essential to get people away from lying in bed or watching daytime TV—anyone who has been the parent of a teenager, particularly a teenage boy, will say amen to that. However, there is no one-size-fits-all solution.

The first, but by no means that last, example of the scheme was related to me by a constituent. She was still quite young and had worked in the past. She had qualifications and had done holiday jobs, but she had then become unemployed. Her complaint was that she was expected to do eight-weeks’ work experience—the shelf stacking that everybody goes on about—and wondered how that related to moving her to where she wanted to be or make her more employable. I do not think that that is being a job snob. We are mixing up two things.

Claire Perry Portrait Claire Perry
- Hansard - - - Excerpts

May I ask the hon. Lady a personal question? My first job was baking bread in a bakery at the age of 14. What was the hon. Lady’s first work experience?

Sheila Gilmore Portrait Sheila Gilmore
- Hansard - -

My first work experience, which was paid, was washing dishes in a department store in Coventry. We have all had such jobs. The point that I am trying to make is that, in the case to which I referred, it was not the young woman’s first job experience. She was not someone who had never worked and needed to get from that situation to another. Of course most of us have experience of different types of temporary work.

Andrew Bingham Portrait Andrew Bingham (High Peak) (Con)
- Hansard - - - Excerpts

The hon. Lady just said that the lady she was referring to was forced into work experience. It is a voluntary programme. Frankly, if the lady is doing work experience, it might involve another skill that she can learn, but it is voluntary; she cannot have been compelled to do it.

Sheila Gilmore Portrait Sheila Gilmore
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I shall explain the issue as far as this young woman was concerned, and I think that this is where it comes down to conditionality. She was certainly put under, as she explained it, considerable pressure—as part of a general conditionality point—to do the work experience or her benefits would be put at risk. That was how she perceived it.

Stephen Timms Portrait Stephen Timms (East Ham) (Lab)
- Hansard - - - Excerpts

Is not part of the problem that, as the Minister has repeatedly said, and as others have said today, this is a voluntary scheme, but jobcentres sent out letters telling people that they would lose their benefit if they did not join the scheme? There is, at the very least, huge confusion in Jobcentre Plus about what the terms of this arrangement are.

Sheila Gilmore Portrait Sheila Gilmore
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That is the kind of information that I have been getting from constituents. I am referring to the rules on conditionality and the advice or information that they were getting from the local jobcentre. This point is different from the point about whether people are sanctioned when they leave the scheme; it is about the conditionality regime.

Simon Hart Portrait Simon Hart
- Hansard - - - Excerpts

In the specific circumstances that the hon. Lady outlines, what advice does she give her constituents when they come to her with that issue?

Sheila Gilmore Portrait Sheila Gilmore
- Hansard - -

My advice to people in that situation—the young woman to whom I was referring had already completed the period of work experience—would be to question the relevance or appropriateness of the work experience to their situation. The young lady to whom I was referring did not need to learn those skills; she already had them. A different question might arise if we want to say about someone, “Should they apply for a job of that nature?” That young woman would have been qualified for any vacancy that came up of that nature. Some hon. Members present would no doubt say that she should simply apply for such a job, but anyone who has gone for such jobs when they are in that situation will find that they are likely to be turned down as over-qualified, or employers might think that they would leave quite quickly. It is a different question from whether work experience of that type is useful. They are two completely separate issues.

Justin Tomlinson Portrait Justin Tomlinson (North Swindon) (Con)
- Hansard - - - Excerpts

Surely, doing the work experience would both display a can-do attitude and place the lady in the shop window for the organisation, which could ultimately lead to a permanent role.

Sheila Gilmore Portrait Sheila Gilmore
- Hansard - -

I am not convinced, from the young woman’s description of her experience, that she was in the shop window of anything. I should like to quote the chief executive of the Centre for Economic and Social Inclusion. His view is not that there should be no work experience, but that there should be

“a good ‘match’ between the nature of the work experience and the young person”.

He gives an example. He says that

“for someone with a law degree doing work experience at a legal firm would be a much better match than, say, the night shift at a pound shop. We have learned time and again that the better the match,”

the better the prospect of someone getting employment.

Brandon Lewis Portrait Brandon Lewis
- Hansard - - - Excerpts

I thank the hon. Lady for giving way again and being so generous with her time. This scheme is voluntary and the work experience that people do is based on an area and an industry in which they are interested. The hon. Lady is a member of the Select Committee on Work and Pensions, but I suggest that she look at what her constituent has brought her, because she may be getting confused—mixed-up—between the work experience scheme and other schemes such as the mandatory work scheme, the skills and training schemes and even the Work programme. It seems as though she is talking about a totally different scheme, which is part of the problem that the Socialist Workers party has had in purposely trying to confuse the situation.

Sheila Gilmore Portrait Sheila Gilmore
- Hansard - -

I accept that there is a plethora of schemes and some confusion—the media have been confused—but I am absolutely certain that the mandatory work experience scheme was not involved in this example. It is not good enough to have the view that when people make the point about relevant work experience—relevant to people’s existing experience and skills—they should simply be condemned as snooty job snobs and people who are not willing to work. That is not the case.

Chris White Portrait Chris White
- Hansard - - - Excerpts

Does the hon. Lady not agree that relevant skills would include presentation, punctuality, communication and being able to get on with one’s co-workers?

Sheila Gilmore Portrait Sheila Gilmore
- Hansard - -

Absolutely, but we must ensure that these schemes build on the experience and skills that people already have. Of course, some people have not worked for a very long time. Some young people have never held down a job. For them, some basic experiences will enable them to grow, develop and mature.

Tom Blenkinsop Portrait Tom Blenkinsop (Middlesbrough South and East Cleveland) (Lab)
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I come from a town with 14% unemployment; indeed, it has a history of unemployment over the past two or three decades. Most people will make any sacrifice, in any way, shape or form, for the promise of a job. The problem at the moment is not necessarily this policy in its totality; I think that it is well meaning, although perhaps it has a few kinks in it. The problem is the change to tax credits. There may be no promise of a job at the end, or particularly in retail, there may be a job that is part time and for fewer than 24 hours a week. Some people might therefore see such work experience as valueless, because the job at the end might not pay as much as they would receive on the dole.

Sheila Gilmore Portrait Sheila Gilmore
- Hansard - -

My hon. Friend is correct. Someone spoke previously about an elephant in the room. The job at the end is probably the biggest elephant in the room. It is not good enough to say that the whole problem is about people not having skills or training and that, somehow, if we list all the schemes, work programmes and other programmes, we have solved the unemployment problem. There are two sides to the unemployment problem. There is the problem of the lack of jobs, which is very considerable in some areas of the country, and, yes, there are issues about whether people have the proper skills and experience to take up opportunities. We need both. To say constantly that we are on top of this because we have programme X, Y, Z and goodness knows what else will not solve the problem of the lack of jobs.

One big issue that we face is that we do not know a lot about the outcomes of the scheme. We are told that it is a wonderful scheme and is having great results. Will the Minister tell us when he will give us more detailed information about what is actually happening? Ministers and Back Benchers constantly recite the fact that half of those doing work experience are in jobs within a short time. That is based on an initial pilot involving some 1,300 people between January and March 2011. The more accurate statement—I accept that the Minister usually gives the more accurate statement, although others do not—is that one half or 51%, to be exact, were off benefits 13 weeks after the work experience period. They may have come off benefits and gone into a job or to college, or simply not have been claiming. For example, someone who has got to the end of their six months on jobseeker’s allowance and who has a working partner may simply stop claiming.

Chris Grayling Portrait The Minister of State, Department for Work and Pensions (Chris Grayling)
- Hansard - - - Excerpts

Will the hon. Lady confirm that the benchmark that we use to judge the success of the work experience programme is exactly the same benchmark that she and her colleagues used to judge what they claimed to be the success—it was at a much higher cost—of the future jobs fund?

Sheila Gilmore Portrait Sheila Gilmore
- Hansard - -

I am not going to dispute—[Interruption.] It is important to know a bit more about what has been happening. All these assertions are made on the basis of a fairly small number. If the Minister has other information to give us, that is all well and good, but we are not hearing that at the moment. I asked him in a written question how many of those who had taken part in the scheme, either between 16 and 18 years of age or between 18 and 25, had found employment with the firm with which they had done the work experience or with another employer. The answer was that the Department does not hold that information. The Government are not tracking that information. I find that worrying, because assertions and statements are being made about the success of a programme, but answers to the detailed questions that anyone might reasonably want to ask about these programmes are simply not being given to us.

Tom Blenkinsop Portrait Tom Blenkinsop
- Hansard - - - Excerpts

May I give my hon. Friend an example? The Government are changing the point at which an employee’s rights kick in and they become a full employee with full rights to 24 months. What is there to say that a young person who has got work experience through this scheme and gets a job will not find that the workplace is subject to a short-time-working agreement and that they are probably first in line for a LIFO—last in, first out—scheme, unofficially, by that employer, because their employment rights do not kick in for another 12 months?

Sheila Gilmore Portrait Sheila Gilmore
- Hansard - -

The situation might be even worse than that. At Treasury questions last week, my hon. Friend the Member for Chesterfield (Toby Perkins), who is not here today, raised the case of two young people who had been given a job at the end of a work experience scheme, but who were paid off within two weeks, which is not particularly satisfactory. If we are not tracking outcomes properly, we should be. If we are to judge the validity of schemes, we need the data.

Andrew Bingham Portrait Andrew Bingham
- Hansard - - - Excerpts

Is the hon. Lady aware that 51% of the first 1,300 people who took part in the scheme were off benefits after 13 weeks?

Sheila Gilmore Portrait Sheila Gilmore
- Hansard - -

That is precisely what I said—that 51% of the first 1,300 people who took part in the scheme between January and March 2011 were off benefits. That was the point where I came in.

We have to look not only at the quality of work experience, but at the fact that some firms may simply be using schemes to get people to do jobs they would otherwise have employed someone to do.

On a slightly different matter—this does not relate to the work experience scheme pure and simple—I was astonished to read in no less a paper than The Sunday Times, which is hardly a friend of the left, that McDonald’s had, it seemed to me, reframed its trainee posts as apprenticeships. It was taking Government money to train people in the skills they would need if they got a job at McDonald’s, such as customer service and food hygiene. Many people, including students and others, have gone through the McDonald’s scheme over many years and they have gone on to work in McDonald’s. However, people on the scheme are now being designated as apprentices, and I know of one case in which somebody doing a Saturday job got a contract as an apprentice. McDonald’s got the money from the Government and was quoted as saying that no additional jobs had been created.

Chris Grayling Portrait Chris Grayling
- Hansard - - - Excerpts

Is the hon. Lady aware that she is describing the previous Labour Government’s policy of allowing companies that developed in-work training places to designate them as apprenticeships? Does she accept that what she is describing originated under the Labour Government and has been deemed—by that Government and this one—to be an important part of the career development mix?

Sheila Gilmore Portrait Sheila Gilmore
- Hansard - -

Even if the Minister tells me that that is the case, I would not necessarily always accept everything previous Governments have done, because such provisions are not helping us in any respect to create additional jobs. The worry about firms taking successive people to do work experience without payment is that they may be reducing their other employees’ opportunities to do paid work—through additional hours, for example. We need reassurance that that is not happening, and if we do not get it, we will have some queries.

George Hollingbery Portrait George Hollingbery
- Hansard - - - Excerpts

When I looked into the success of the future jobs fund, there was much trumpeting of 50% placements and costs per placement being reasonable. However, the cost per placement was about £3,000 to £5,000, while the figure under the work experience scheme is £200 to £300. Does the hon. Lady not agree that it was somewhat perverse for 80% of the placements under the future jobs fund to be in the public sector? Looking around the piece, that would hardly save the Government money in the long run.

Sheila Gilmore Portrait Sheila Gilmore
- Hansard - -

My understanding regarding those public sector jobs is that there was, in part, a difficulty over whether the measures would constitute state aid if they were carried out in some other way. It is regrettable if that became an obstacle, because the future jobs fund was a good model and gave people good-quality work experience. I hope that the Government will consider returning to it in the future.

It is not my position or that of any Opposition Member that work experience is simply not to be done. However, we want people to have work experience that genuinely improves their employability; if it does not, it has to be questioned.

Brandon Lewis Portrait Brandon Lewis (Great Yarmouth) (Con)
- Hansard - - - Excerpts

It is a pleasure to serve under your chairmanship, Mr Howarth. I congratulate my hon. Friend the Member for Nuneaton (Mr Jones) on securing this important debate.

It is important to start off with why we are here. The scheme, which has worked successfully, has been in place since January last year, and it is only in the past few weeks that it has gained any publicity. It has been working very nicely, the companies involved in it have been taking people on and more than 34,000 people have been through it. That tells us that something has happened in just the past few weeks to bring it to public attention.

Sheila Gilmore Portrait Sheila Gilmore
- Hansard - -

I hope the hon. Gentleman will accept that some of us did, in fact, raise questions considerably longer ago than the past few weeks, but we were put down with exactly the same suggestions that we were being over-fussy and supporting people who thought they were too good to work.

Brandon Lewis Portrait Brandon Lewis
- Hansard - - - Excerpts

I thank the hon. Lady for outlining that she supports the Socialist Workers party position on this. The reality is that the publicity came about a few weeks ago, when the Socialist Workers party started a campaign, having placed an advert that was wrong.

--- Later in debate ---
Damian Hinds Portrait Damian Hinds
- Hansard - - - Excerpts

The hon. Gentleman makes a good point. I shall leave it hanging, so that the Minister can pluck it at the appropriate moment. All I would say is that the service industry is an enormous part of the economy. We all want to see growth in manufacturing, but services are a huge part of the economy in many of our constituencies. Getting work experience in that area is absolutely valuable in its own right.

The bemused e-mails that I have been receiving from my constituents say something along these lines: “I understand that the programme is voluntary. There are some advantages to the individual in taking part, but if, after a period of time—not on the first day but after a week or so—they just cease to turn up to work for no good reasons, there are adverse consequences.” It is called a work experience programme—I do not know about you, Mr Crausby, but that sounds an awful lot like an experience of work. I pay tribute to the firms that have taken part in the programme, particularly those that have stood firm and not given in. However, I also understand the nervousness of some of the firms that have issued statements expressing concerns.

We all welcome the new media campaigns with which we are pleased to communicate on a regular basis. As politicians, we also know that they are not always all that they purport to be. I am probably unusual on the Conservative Benches in being a Guardian reader. Perhaps I was the only Member present who was a little bemused, or amused, to read the helpful clarification in The Guardian that this right to work campaign was not run by a bunch of lefties because it contained not only the Socialist Workers party, but members of UK Uncut and the Occupy protest movement. I understand the nervousness of firms with quarterly results to deliver and daily revenues to monitor. We need a debate about how some of these campaigning organisations work and about their proper role in society.

Sheila Gilmore Portrait Sheila Gilmore
- Hansard - -

I can say from my long political experience that if views that might be deemed extremist do not strike a chord with the public, they will simply sink. If some of the criticisms of this initiative, which have been raised in this House previously, had had no resonance with the public—

Damian Hinds Portrait Damian Hinds
- Hansard - - - Excerpts

I am grateful to the hon. Lady. All credit to those organisations for creating a splash over the issue. However, I am afraid that they have done it by misleading the public and saying that young people are being forced into slave labour when that is absolutely not the case. This relates to what I was saying about the Opposition—I do not include the small number of Labour Members who have come here today. When their leader had an opportunity to debunk that theory and to put the record straight, he failed to do so. It was a great shame that we did not hear such a view from Labour, the party of work.

I know that we are short of time, but I should like to broaden my contribution to include work experience at school. Whenever employers give evidence on the Education Committee, on which I sit, they predictably complain about qualifications not doing what they say on the tin and about young people not being work ready. Work readiness is sometimes called employability skills, soft skills or, when the terminological obfuscation gets extreme, transferable non-cognitive skills. Essentially, what it means is all the stuff about dealing with other people—turning up to work on time, knowing the right way to dress, empathy with the customer, smiling and pride in a job well done. All those things can be partly developed through work experience. When we ask employers if the situation is getting worse, they often say that it is. We cannot demonstrate that it is getting worse. It may be just not getting better, but we are in the business of economic growth. To achieve economic growth, we need such things to be improving year on year.

We need a debate about the role and quality of work experience in schools. It may be that the two-week block in years 10 or 11 is an important part of that, but it does not seem to be doing the full job. With the rise in the participation age, I wonder whether moving the bulk of work experience into the sixth form might be more appropriate. It may well be that there is a role for both. I also hope that we can consider other ways of augmenting and bolstering that work experience. Perhaps we can have a more formal assessment of that young person’s performance in work experience that can count towards their future job prospects.

Work Capability Assessment

Sheila Gilmore Excerpts
Tuesday 13th March 2012

(12 years, 2 months ago)

Westminster Hall
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Sheila Gilmore Portrait Sheila Gilmore (Edinburgh East) (Lab)
- Hansard - -

It is a pleasure, Mr Crausby, to serve under your chairmanship. I hope that the Minister is not tired of hearing from me this morning. During this debate on the employment and support allowance, and the independent review of the work capability assessment, I want to concentrate on the recommendations for new mental, intellectual and cognitive function descriptors, which is a fairly narrow part of the overall picture. Before the Minister jumps up to remind me, I am well aware that the work capability assessment was introduced by the previous Government, and I hope that I would say exactly the same now if my party were in power.

We must not forget that the issue is about people, such as my constituent with mental health problems who has twice scored nil points on a work capability assessment, and who was twice placed in a support group after appeal, having waited seven months and nine months respectively for those appeals. He is currently awaiting the outcome of his third assessment, and the stress of that has affected his recovery.

The issue is a narrow one, but with 35% of the people going through work capability assessments being recorded as having a mental or behavioural condition as their primary condition, it is the largest single group of employment and support allowance claimants, so it is of considerable significance. The Scottish Association for Mental Health, using Government data, says that 43.9% of incapacity benefit claimants who are undergoing reassessment have mental health problems, and in Scotland the figure is 46% of claimants. Getting the assessment right is critical.

In his first review in November 2010, Professor Harrington acknowledged that inadequacies in the descriptors for mental, intellectual and cognitive function were likely to play a substantial role in the high rate of successful appeals. In September 2010, three organisations—Mind, Mencap and the National Autistic Society—were asked to provide recommendations on refining the descriptors. They presented initial recommendations to an independent scrutiny group in December 2010, and both groups jointly submitted their report to the independent review in April 2011.

Following two written parliamentary questions and some initial reluctance to publish, the Minister was good enough to place a copy of the document in the Library on 1 December 2011. Professor Harrington endorsed the report and its recommendations in his second independent review, which was published in November 2011. Parallel with that, there was an internal review by the Department for Work and Pensions, and as a result the descriptors were changed in March 2011.

In the report prepared for Professor Harrington, the charities reaffirmed the importance of getting the descriptors right, and said:

“Some of the problems...are probably attributable to procedural or training factors. However...it is inconceivable that the descriptors do not contribute substantially to this unacceptably high error rate in decisions.”

It concluded that the internal review had not resolved the concerns, and it noted specifically that measuring just one of the relevant aspects of an applicant’s condition, or trying to include more than one aspect on a single linear scale are part of the problem. Although that makes the assessment quicker and easier to carry out, it fails to take account of the multiple features of impairment, and how they interact.

The document explains that the existing assessment does not take systematic and consistent account of the frequency of particular problems, or their severity. If a problem or difficulty is likely to occur infrequently, it could have a very different effect on potential for employment compared with the situation when the problem occurs several times a day.

How will the proposed new descriptors vary? First, the Department for Work and Pensions has been asked to consider reversing the previous reduction in the number of descriptors from 10 to seven. That was done in the internal review. The charities’ view is that by doing that

“Features which have been combined in this way represent separate impairments and…need to be considered separately to ensure a comprehensive assessment.”

Secondly, the proposed descriptors are multi-dimensional. Let me give a brief example:

“Michael experiences frequent spells of anxiety when he finds it…difficult to engage socially with almost all people. These episodes reoccur on average once a month, and tend to last for a few days at a time, after which Michael is usually able to bring them under control with some basic techniques from a short spell of cognitive behavioural therapy which his family paid for.”

It is considered that he is likely to score no points under the current descriptors, two of which relate to social contact. The first is:

“Engagement in social contact is always precluded due to difficulty relating to others or significant distress experienced by the individual”.

That covers engagement with anyone, and scores 15 points on the current descriptors. The second is:

“Engagement in social contact”—

with someone unfamiliar to the claimant—

“is always precluded due to difficulty relating to others or significant distress”.

The word “always” appears in both those current descriptors, and the report’s writers suggest that that is not taken into account in the complexity and difference in that individual’s situation.

Cathy Jamieson Portrait Cathy Jamieson (Kilmarnock and Loudoun) (Lab/Co-op)
- Hansard - - - Excerpts

Does my hon. Friend agree that the problems tend to be compounded when people have to appeal, particularly as appeals require advocates who have some knowledge of mental health issues? They are few and far between, and services are stretched at the moment.

Sheila Gilmore Portrait Sheila Gilmore
- Hansard - -

They are indeed, and the issues involve both the still considerable waiting times for appeal, and the fact that appeals may be specialised. We know that those who are represented have a different outcome from those who are not.

Eilidh Whiteford Portrait Dr Eilidh Whiteford (Banff and Buchan) (SNP)
- Hansard - - - Excerpts

I am grateful to the hon. Lady not just for giving way, but for her persistence in pressing the issue, particularly in parliamentary questions to obtain information. A key recommendation in the Harrington review that relates to this debate and particularly the point she is making is that each and every assessment centre should have a mental, cognitive and intellectual champion. Only two assessment centres in Scotland have one, although all centres were supposed to have champions by this time last year. Does the hon. Lady share my concern about that?

Sheila Gilmore Portrait Sheila Gilmore
- Hansard - -

I do share that concern, and the recommendation, which the Government indicated initially that they would accept, was that there would be such champions in all assessment centres. I appreciate that some centres are small and isolated, but two in the whole of Scotland is low, and it will be difficult for them to make a significant impression on the system.

Gloria De Piero Portrait Gloria De Piero (Ashfield) (Lab)
- Hansard - - - Excerpts

A distressing case recently at my surgery was a constituent who was in tears and crying hysterically because she believed that she had been placed in the wrong work-related activity group. She is appealing, but the appeal process in Nottingham takes an average of 56 weeks. She is really struggling in that group—she is asked to carry out role play and interviews when she believes that she is in the wrong group. I thank my hon. Friend for raising the issue, and hope that she will press the Minister to address my constituent’s case.

Sheila Gilmore Portrait Sheila Gilmore
- Hansard - -

I thank my hon. Friend for her helpful intervention.

On the current descriptors, Michael would be unlikely to score any points. Because of the multi-dimensional nature of the proposed descriptors different aspects are looked at, including the severity of an applicant's difficulties with social engagement, the degree to which that varies between familiar and unfamiliar people, and how frequently that occurs. Those separate factors are scored, and are then multiplied together, with final points being allocated accordingly. The view in the report is that someone such as Michael would be expected to be awarded around nine points rather than none.

The purpose of the proposed descriptors is to account better for fluctuations in impairment that are commonplace in such illnesses, and the amount of support a person might need to overcome their impairment. They are structured in such a way that they could be used as the direct basis for the questions and would be better understood by the claimant.

Those were the recommendations in the report, but what about the Government’s response? As Professor Harrington made clear when he passed his report to the Government, he endorsed the proposals when writing his second review. To date, however, the Department for Work and Pensions has decided not to introduce the new descriptors, arguing either that there is insufficient evidence that the current descriptors are not working—that seems surprising given that that point was made in Professor Harrington’s first review and was accepted by the Government—or that the new ones would work better. In response, the Government said that the Department would “consider” a gold standard review that would take place in the first half of 2012.

The charities that are involved in these matters accept that more research is needed, but in the run-up to this debate they expressed their concern that no gold standard review has yet been initiated. Will the Minister confirm whether such a review will take place, and if so, when? Have DWP officials met with Professor Harrington, Mind, Mencap and the National Autistic Society regarding the establishment of such a review?

The charities have also expressed concern that a number of civil servants on the employment and support allowance team have recently moved on and have not yet been replaced. As a result, the DWP claims to have insufficient staff to initiate the review. Will the Minister ensure that staff are allocated to the ESA team to carry out the gold standard review? If the DWP is unable to provide staff to carry out that review, the charities have suggested that such work could be contracted out to an independent organisation. If that were to happen, would the Minister accept the findings of that review?

The Government accepted a suggestion about revising the ESA50 questionnaire that people fill in when making an initial application, and the idea was to reconsider and adapt, although not change substantially, the wording of the existing descriptors. Will the Minister tell us what progress has been made on that?

More broadly, my fear is that the Minister might use the cover of the gold standard review to kick the proposals into the longish grass because looking at a better way of assessing mental, intellectual and cognitive functions would shine a light on the whole work capability assessment process. That was illustrated by the Minister’s response to an oral question from my hon. Friend the Member for North Tyneside (Mrs Glindon) on 24 October 2011. She asked whether the Government would be implementing the recommendations in the report and the Minister replied:

“The challenge facing us is that the recommendations will involve a complete change of the work capability assessment, not simply for mental health issues, but for physical issues, and is therefore a multi-year project. We are considering whether we can incorporate elements of the recommendations into the current approach much more quickly.”—[Official Report, 24 October 2011; Vol. 534, c. 8.]

Perhaps that is the crux of the matter. The Minister appears to be saying that a substantial change of approach is needed to the whole way that assessment is carried out for issues of physical as well as mental health. The longer the process takes, however, the more people are at risk of being wrongly assessed as fit for work, with all the stress and emotional turmoil that that causes. That is not a small matter for the DWP given the high rate of appeal and the cost and effort involved.

In conclusion, I urge the Minister to press on with the gold standard review for mental, intellectual and cognitive function. In doing so, however, he should not shy away from confronting the real issues that exist with other aspects of the work capability assessment.

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Chris Grayling Portrait Chris Grayling
- Hansard - - - Excerpts

In relation to mental health champions, let me explain some of the things that we have done for mental health patients. We have a pool of about 60 specialists who provide advice within the Atos network, and their skills are available to every centre, either in person or by phone. Professor Harrington has looked at how we implemented that change, and he praised it because he thinks that it was done well and effectively. We think that we have delivered that expertise, as does Professor Harrington who is an independent assessor and can say whether or not his recommendation has been implemented properly, which in his view it has been.

If I find evidence that we are not getting things right, we are open to change. As I have said from the start, this programme does not have a financial target and is about saving lives, not saving money. If we are successful in moving people back into work it will, of course, reduce the cost to the welfare state, but it will do so in a right and positive way that will help people such as the woman whom I described, who I hope will return, step by step, to the workplace. The alternative is for her to spend the rest of her life on benefits suffering from depression at home, and no one benefits from that.

That is the spirit in which we have approached all this. We tried very hard to ensure that we got it right with the internal review. There was no particular reason for me to implement the internal review. It was set up by the previous Government. The findings were put together by the previous Government. It would have been easy just to say no, but the advice was that it would increase the size of the support group, and that is what has happened. I regard that as a positive step. I always said, and said on a number of occasions in the House, that I was happy to see the dividing line between the work-related activity group and the support group move a bit in the direction of caution, because we are trying to get this right and I do not want people in the wrong place. There will never be a perfect system—I wish there would be—but we shall try to get this right.

I will move on to the recommendations of the work carried out by the charities. I commissioned that myself. I asked the charities to come back with recommended changes to the descriptors. I very much wanted, and do want, to get this right. The problem is straightforward: they did not actually do what they were asked to do. They were asked to make recommendations about further ways to improve the descriptors that would allow us further to ensure that the assessment process for people with mental health challenges was accurate, effective and reflected their needs and potential. That is not what happened.

The charities came back with a recommended system that would have involved tearing up the whole work capability assessment for mental, fluctuating and physical conditions and starting again from scratch, redoing all our computer systems and all the training for every member of staff in the entire network. That was not just a tweak; it was a comprehensive change to the whole thing, based on no actual evidence. The charities did not come forward with tangible evidence. They simply said, “We think it would work better this way.” They may or may not be right, but that is quite a big step to take just on the basis of a set of recommendations from a group of charities that had been proved wrong in the internal review process.

Sheila Gilmore Portrait Sheila Gilmore
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The recommendations from the charities were put to an independent scrutiny panel that had a large number of people with considerable expertise, so will the Minister agree that it is not true to say that they were simply the recommendations of a group of charities?

Chris Grayling Portrait Chris Grayling
- Hansard - - - Excerpts

That is the case, but what we lack and what we intend now to get is hard evidence to determine whether this is right. Given that the charities were wrong the first time round, I am very reluctant to tear up the whole thing and redo all the computer systems—a vast amount of change; probably a two or three-year project—only to discover that that does not make a difference.

Alongside this, we have been doing work on fluctuating conditions. These are the two particularly challenging areas. Fluctuating conditions can represent a real challenge in the assessment process, because someone who is fine one day may not be fine the next. There are a range of fluctuating conditions and, again, I want to be careful to ensure that we get this as right as we can. In a moment, I will touch on some of the changes that we have made. I just want to explain first where the issue arises with the new set of recommendations.

The working group on fluctuating conditions reported at the end of last year. We intend this year to do that gold standard work, which in effect involves applying the new systems recommended by both groups to a set group of cases to understand what the difference would have been. If we discover that there is very little variation between what they are recommending and the existing system, there will be no point in changing it. If we discover big changes, we will want to understand why. I am perfectly open to making changes in the future if I think that that will make a significant difference. I will state again that we are not trying to force into work people who should not be there. We are not trying to get this wrong, but at the same time this is not about a simple change. It is not about introducing mental health champions throughout the network, improving the quality of the telephony process, ensuring that our staff are better trained or strengthening the reconsideration process. It is about tearing the whole thing up and starting again. That is quite a big step and a very long step to take.

We shall do the gold standard work. We have already done the initial scoping work. It is very important that that is completed. I am very open to making changes, but I will not make changes on the hoof without clear evidence that they will make a difference. The hard evidence that was there for the internal review, which I based my judgment on, proved to be right, whereas the external advice, based on what the charities thought, proved to be wrong, so we have to be very careful.

Sheila Gilmore Portrait Sheila Gilmore
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I thank the Minister for taking another intervention. Obviously, there have been many changes in the system and changes initiated after Harrington 1 as well. Is there a reason why the Minister thinks that the change in the descriptors has resulted in more people being put into the support group?

Chris Grayling Portrait Chris Grayling
- Hansard - - - Excerpts

The general view of the team who worked on the internal review was that the assessors were better placed with a broader base and less specific descriptors in relation to mental health. People should bear in mind that both the assessors and the subsequent tribunals and decision makers have to operate to a pretty tight template around the descriptors as set in law. By creating additional flexibility within the descriptors, we end up with more people being put into the support group than was previously the case, and that is indeed what happened.

I thought that there was good and sensible thinking in the way that the charities brought forward their ideas. We made some pretty rapid changes. We have continued to adapt the ESA50. We have adapted our training, so that some of the issues that they have highlighted are built more clearly into it. We have also invited all the charities—some have taken this up—to work with decision makers, to contribute to the training process for decision makers.

Probably the biggest change that we made to the whole process was to de-emphasise slightly the role of the assessment itself. One of the criticisms levelled at the whole WCA process before we took over was that it was much too formulaic, with far too little flexibility. Of course, one of the reasons for the appeals issue was that a vast amount of new evidence came forward only at the appeal stage. As a result of Professor Harrington’s report, we tried to create a more holistic process, so we actively ask people for evidence from their specialists up front.

Our decision makers have the discretion to look for additional evidence at the point at which they reach their view, based on the evidence that has been submitted by the individual themselves, the ESA50 and the outcome of the work capability assessment. Likewise, we now actively encourage people to supply new evidence at the reconsideration stage. It is now almost universally the case that we see most if not all of the evidence before it leaves Jobcentre Plus. That has to be the right thing to do.

We have tried to build the learning from the work done by the mental health group and by the fluctuating conditions group into the decision making that is already happening. We have not parked this on the sidelines and said that we will come back to it at a later date. I can explain my problem using the analogy that I used in the Select Committee. It is rather like taking one’s car in for a service. When we come back at the end of the day, it looks great. The people who did the service have done a brilliant job, but they have turned it into a boat. That is not a lot of use if we have to drive it on the road. That, in a nutshell, is the position that I am in. The charities made a recommendation. If they had recommended some tweaks to the descriptors, we would have done that by now, but they did not; they recommended a total transformation of the whole process, including redoing everything for physical health conditions as well—all the descriptors for them—a new scoring system and a new computer system. It would be and will be, if we do it, a monumental task.

We are therefore putting together the mental health work and the fluctuating conditions work. We are looking at the consequences of the approach, through the gold standard review, in a way that the previous Government did, and rightly so. It involves taking a selection of cases, applying the new methodology and understanding what the difference would be. However, we are not sitting on our hands in the meantime. We are not just saying, “Well, that work has been done. Maybe we’ll get round to it at some point in the future.” We have used that as the basis for changes across the way that we interact with people through the assessment process, because we genuinely want to get it right.

I have said on many occasions that this is about helping people who are potentially able to return to work to do so. That is the right thing to do. We will not always get the decision making right, whatever we do. Even if we implement everything that the charities are recommending, we still will not have a system that is perfect in all circumstances. That is why we have the appeal process. We are not talking about putting people into a position whereby they are doing an activity that is damaging to them. We are, step by step, helping people to get back into a process whereby they can apply for jobs and get into work—sometimes quite gently.

Sheila Gilmore Portrait Sheila Gilmore
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Will the Minister clarify, if the gold standard review has now started, whether he has any anticipated time scale for its concluding?

Chris Grayling Portrait Chris Grayling
- Hansard - - - Excerpts

I have not instantly, but it is certainly my intention that we will complete it within the next few months, as we said that we would. I think that it is necessary to understand the impact. Above all, I want to get this right. Our objective has only ever been to find the right number of people we can help back to work, not any number of people. That is a human goal, not a financial one.

Question put and agreed to.

Oral Answers to Questions

Sheila Gilmore Excerpts
Monday 5th March 2012

(12 years, 3 months ago)

Commons Chamber
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Chris Grayling Portrait Chris Grayling
- Hansard - - - Excerpts

We are also stepping up the support that we provide to young unemployed people through Jobcentre Plus, which will include more frequent work-focused interviews. We are also recruiting more youth advisers in Jobcentre Plus to provide help to the young unemployed. We are determined to deal with the problem of youth unemployment, which in all parts of the House we agree is a massive challenge for the nation.

Sheila Gilmore Portrait Sheila Gilmore (Edinburgh East) (Lab)
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If the scheme is to cover 5% of those in the NEET category—those not in education, employment or training—what plans does the Minister have for the other 95%?

Chris Grayling Portrait Chris Grayling
- Hansard - - - Excerpts

I assume that the hon. Lady is referring to the programme that we have just announced for 16 to 17-year-olds. Of course, the big challenge with that age group is not the total number of NEETs, because most young people move quickly back into education. However, there is a hard core of young people who spend long periods not in education or employment, and they are not in the benefits system either, so we have no direct means of engaging with them. I hope and believe that the new approach—founded on payment by results, with charitable and private sector groups working together to try to reach that audience—will make a big difference to engaging with them and getting them back into either employment or education.

Welfare Reform Bill

Sheila Gilmore Excerpts
Tuesday 21st February 2012

(12 years, 3 months ago)

Commons Chamber
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Chris Grayling Portrait Chris Grayling
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The right hon. Gentleman needs to remember what the amendments are about. Large numbers of people in our community are under-housed and others are in temporary accommodation. We have formed the view that it is neither good value for the taxpayer nor right for those people that we pay for those in social housing to have spare rooms. That is the purpose of our amendments.

Sheila Gilmore Portrait Sheila Gilmore (Edinburgh East) (Lab)
- Hansard - -

If the Minister is successful and people move from homes that they under-occupy and other people move in, and assuming that the same proportion of people are on housing benefit, there will be no financial saving. Which is his real argument?

Chris Grayling Portrait Chris Grayling
- Hansard - - - Excerpts

The hon. Lady simply has not thought things through properly. At the moment, we are paying expensive temporary accommodation costs, partly because the previous Government—her own party—had such a lamentable record in office in building social housing. When Opposition Members make those claims, they should remember how poorly they performed in that regard.

Welfare Reform Bill

Sheila Gilmore Excerpts
Wednesday 1st February 2012

(12 years, 4 months ago)

Commons Chamber
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Sheila Gilmore Portrait Sheila Gilmore (Edinburgh East) (Lab)
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Does not the Government’s proposal conflict with what they are trying to do? The Minister says that benefits will not be taken away from those who have nothing, but their measure will take away benefits from, for example, a couple in which one partner is in part-time work. They could be asked to dig into what they have saved for retirement.

Chris Grayling Portrait Chris Grayling
- Hansard - - - Excerpts

The principle of the welfare state that I described—that it is there to provide a safety net for those who have no other form of income—has operated for a very long time, including under the previous Government. The welfare state provides a degree of support to those who have another form of income, but it is a long-standing principle of the jobseeker’s allowance system that such support is not unlimited. We are simply applying that same principle to ESA for people who are deemed to have the potential, in due course, to return to work.

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Jenny Willott Portrait Jenny Willott
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The hon. Lady is right, and many conditions get worse at varying rates—very slowly for some people, and very quickly for others. It is important to make sure that people get the benefit that they should, and that the assessment is right, as the hon. Member for Banff and Buchan (Dr Whiteford) said.

Sheila Gilmore Portrait Sheila Gilmore
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Will the hon. Lady give way?

Jenny Willott Portrait Jenny Willott
- Hansard - - - Excerpts

I will make some progress, because I have hardly said anything yet, and I am being intervened on left, right, and centre.

The Harrington process is critical to getting the assessment right. I welcome the work that has been done looking specifically at cancer patients, which will ensure that the vast majority go into the support group. That is the right way forward. I also welcome the fact that Professor Harrington is looking at how we assess chronic pain and fatigue, because in many chronic, long-term conditions—particularly fluctuating conditions—those are the elements that cause people most difficulty in thinking about returning to work, and the elements that, at the moment, the work capability assessment is not very good at identifying and reflecting. I really hope that Ministers will implement whatever recommendations Professor Harrington makes on those issues; on past experience, his recommendations have been sensible and have made a significant difference to the assessment.

On the point made by the hon. Member for Banff and Buchan, there is evidence that the system is improving. I looked earlier today at the latest figures on the outcome of the work capability assessments, which I found quite reassuring when it comes to the Bill. We have to treat the figures with caution, but they show that initially, following the work capability assessment, more people are going into the support group than the work-related activity group. That is a crucial point. If we are getting the assessment right, and more people are going into the support group in the first place, the time-limit for people in the work-related activity group becomes less of an issue, because the people who need the most care are getting support indefinitely.

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David Nuttall Portrait Mr Nuttall
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Absolutely. We have heard a lot about this means-testing this afternoon. We have heard that the system is insurance-based, which it is, but with any insurance policy there are terms and conditions. In this case, the means test is just shorthand for the terms and conditions of the policy.

Sheila Gilmore Portrait Sheila Gilmore
- Hansard - -

What I find so hard to understand in the argument the hon. Gentleman is presenting is that the very people he might be condemning—people who have not worked and have not had savings—will continue to get benefit. The people who are being damaged by this policy are those who have saved, who are working and who have tried hard.

David Nuttall Portrait Mr Nuttall
- Hansard - - - Excerpts

We must have rules of policy in an insurance system. The Labour party accepted that when it was in government and the hard-working families in my constituency, many of whom have no savings at all, or less than £1,000 in savings, will ask why their taxes should go towards paying benefits to people who have far more in savings than they have. That is a perfectly logical and sensible view.

Sheila Gilmore Portrait Sheila Gilmore
- Hansard - -

If people thought about this they would realise that if they had been saving and making that effort—and we are not necessarily talking about huge amounts because the measures would start to affect people to some degree at £6,000—they would find the measures unfair.

David Nuttall Portrait Mr Nuttall
- Hansard - - - Excerpts

I do not agree. We have to ask why people save. They save for a rainy day. They save in case they lose their job or have an illness. The changes will still mean that the most needy in our society will be looked after. There will still be a safety net that will help those who most need help in our society.

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Ian Lavery Portrait Ian Lavery
- Hansard - - - Excerpts

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 Portrait Sheila Gilmore
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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 Portrait Ian Lavery
- Hansard - - - Excerpts

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.

Eilidh Whiteford Portrait Dr Whiteford
- Hansard - - - Excerpts

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.

Sheila Gilmore Portrait Sheila Gilmore
- Hansard - -

What we have heard today is that there is a big divide between the parties on our views of what the welfare state is for. The Minister opened the debate by saying that the welfare state is a safety net, by which he meant a safety net only on financial grounds; those who are very poor get help, but those who are not do not. That is not how I see it. The welfare state was set up to help us through the times when we are in difficulties, including illness and poor health. It is the social security that gives us the confidence that we will be provided for when we need it. This distinction clearly illustrates the divide between the parties.

It was very odd to hear the hon. Member for Cardiff Central (Jenny Willott) argue that this matter was somehow not as important as the Opposition think it is because people will end up in the support group. That goes against everything that many disability organisations are saying, which is that people who have an illness or a disability do want to get back to work. Perhaps they are not quite ready to go back to work within a year, but they do want to work. Parking people in the support group is a very odd solution indeed, because we will end up going back to the situation that the Government have so heavily criticised. Where people have saved, they should have that opportunity. If someone falls ill at that age, they will already have incurred considerable financial losses and no doubt bitten into their savings. We are talking not about welfare, but about people who will start to lose benefits when they have savings of over £6,000 a year.

Sarah Newton Portrait Sarah Newton
- Hansard - - - Excerpts

The hon. Lady is absolutely right that people’s circumstances change, but does she not agree that they can go for a reassessment?

Sheila Gilmore Portrait Sheila Gilmore
- Hansard - -

One of the things that it would be interesting to discuss if we had more time, and it is dreadful that so little time has been given for considering these important matters, is whether someone who has been in the work-related activity group—

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John Redwood Portrait Mr Redwood
- Hansard - - - Excerpts

No, I like representing my constituents and I suspect that the two jobs would not be compatible. I am very grateful for the kind offer, however, and I notice that the right hon. Gentleman prefers the name Ofcap to Doffcap. As Labour has not yet put forward proposals to deal with the people it describes as fat cat landlords, I think it might well be a case of Doffcap to the landlords, as we seem to be discussing how much money we will route to the landlords through the housing benefit mechanism.

I suspect that if I strayed into the subject of proposals for the housing market and landlords, you would rule me out of order, Mr Deputy Speaker, but perhaps that is a debate for another day. There might be common ground on how we can get better value for the public money being spent while ensuring that we do not cut off the supply of housing, which would be a very stupid thing to do by clumsy intervention. We need more housing at an affordable level for people on modest incomes.

We are talking about a group of people on very modest incomes, and it ill behoves people on decent incomes, such as Members of the House, to be too mean about it. We have the conundrum, however, that we always want to make it worth while for those people to work. We all accept that there will be a cap, but, if it is to be a regional cap, before deviating from the Government’s proposal to the Labour proposal we would need to know what Labour has in mind for the total costings and how the proposal would work fairly within an area as well as between areas.

Sheila Gilmore Portrait Sheila Gilmore
- Hansard - -

One thing that the right hon. Gentleman has not mentioned is that when we compare the working family with the non-working family, all too often in this debate we are not comparing apples with apples. The working family would have child benefit for their children on top of the wage that is constantly mentioned and, depending on the number of children they have, they might well qualify for child tax credit. We are not comparing properly, so simply saying that the situation is unfair to those working families gives the wrong impression. Does he not agree?

John Redwood Portrait Mr Redwood
- Hansard - - - Excerpts

I thought it was now common ground that for a large number of people on certain kinds of benefit, work is not worth while. We are trying to solve that problem, so despite all those things that the hon. Lady truthfully reports to the House, we still have that problem, with which both parties are wrestling. That is why the Labour party is not here today saying, “There is no problem: we are going to vote against the whole thing,” but is here with an alternative proposal at the 11th hour—the last possible chance to consider this.

Let us go back to Labour’s argument on the regional cap. If it had come with a properly costed and working proposal, I might have been sympathetic to it, but we do not yet know from Labour what is the total package of money available. We have not even been told whether it wants to live within the budget that the Government have come up with for the proposal or whether it thinks the overall proposal is too mean. If it wants to spend much more, it will not solve the “Why work?” problem because provision will become too generous again and it will have a public spending problem.

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Richard Graham Portrait Richard Graham
- Hansard - - - Excerpts

The right hon. Lady makes a perfectly valid point. Some workers receive benefits, but I do not believe that any of them will receive benefits for their family equivalent to, let alone more than, £26,000 a year. I stand to be corrected, even immediately by e-mail to my office, but I am pretty confident.

Sheila Gilmore Portrait Sheila Gilmore
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I tend to agree with the hon. Gentleman. I do not know Gloucester very well, but it would be unlikely for people in Edinburgh to reach that cap, which is exactly the difficulty. Not everywhere is the same. Hon. Members have said that some rents are far too high, but we cannot compare the situation of people in Gloucester with that of people in London.

Richard Graham Portrait Richard Graham
- Hansard - - - Excerpts

The hon. Lady is welcome to visit Gloucester. We have lots of things to show her that she will enjoy. If her point was that there are specific problems in London, I agree with her, but I shall come to that later if I may.

The second group of people in my constituency whom I want to address is those on the lowest wages of all. The Government have been clear that one of their major goals—many of us campaigned for this long before the general election—is to reduce, and if possible to eliminate, income tax for the lowest earners in our constituencies. They have done a great deal towards that goal—I believe that 1.1 million have been taken out of income tax altogether. What message do we send to those who are not earning very much and whom we would like to take out of income tax altogether if we do not cap the benefits that those not in work can clock up?

We should send the lowest earners the message that this Government are on their side. We want to take them out of income tax when we can, and at the same time, we want to put a cap on those families who, for whatever reasons, are unemployed. That is a very important message to send, for example, to the young worker at Asda in Barton and Tredworth, who finds that the presents she buys her children at Christmas are not nearly as good as those bought for the children of the family next door, who are living more comfortably on benefits. This is a worker-friendly policy and Bill.

The third group in my constituency whom I should like to address is those who are the most worried and the most vulnerable, including the disabled—I have had several mails from disabled people—war widows and those on PIP or attendance allowances. As the Minister has made absolutely clear, the Bill provides protection for the most vulnerable in our constituencies.

I absolutely recognise that people could well be affected by some elements of the Bill, and the vast majority of them probably live in London. It is not for me to speak on their behalf or on that issue, but the Minister has addressed the problem with three measures: first, the 10-month grace period; secondly, a special nine-month grace period for those who lose their job; and thirdly, a package of discretionary funding. That seems to me to be a significant proposal for hon. Members whose constituencies are likely to be affected.

The right hon. Member for Birkenhead (Mr Field) made a good point when he warned of the consequences of the Bill in a year or two. Many Government Members, including me, are new to the House and indeed to the world of politics, whereas he has years of experience. I do not have his experience of debating measures that sound great on the day but do not deliver quite what they intended, but in 2010 the Select Committee on Work and Pensions, of which I was a member, looked very carefully at changes to housing benefit. There were warnings from well-known charities such as Shelter and speeches from Opposition Members such as the hon. Member for Westminster North (Ms Buck) that thousands, if not hundreds of thousands, of people would be thrown out of their accommodation and have to sleep rough on the streets. A year later, none of that has come to pass, although I may have missed something.

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Chris Grayling Portrait Chris Grayling
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Let us ask one of them who was on the Committee. Does the hon. Lady support the benefit cap?

Sheila Gilmore Portrait Sheila Gilmore
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I stood up to say that we cannot simply go to the population in the way suggested. When I was out on Sunday, one of my constituents said to me, “Yes, £26,000 seems a lot of money”, but when I asked her what she thought about so much money going in rents to landlords, she immediately changed her mind. We cannot create policy by giving people insufficient information.

Chris Grayling Portrait Chris Grayling
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You’d think they hadn’t been in government for a generation!

As we stand here, we still do not know exactly where Labour stands. I cannot, hand on heart, say, when the House divides in a minute’s time, whether Labour Members will vote for the benefit cap or against it. We asked the question again and again but they would not answer. They dance around the issue and come up with lame last-ditch excuses and new ideas that they did not discuss in Committee. At the end of the day, they do not want to give an answer to the public. In a moment, they will have to give that answer, because out there are millions of people watching us this afternoon, asking, “Will the House of Commons back something we passionately believe in?” We on this side of the House will be walking through the Division Lobby tonight in support of a benefit cap. We will be backing the views of our constituents; the question is: will the Opposition? Will the shadow Secretary of State, will the shadow Minister, will all the people who we have listened to in debates in Committee and in this Chamber—

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Sheila Gilmore Portrait Sheila Gilmore
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Obviously, any change of heart is welcome—I do not think we would not welcome this—but there is something I do not understand. If, as the Minister has said, many people are reluctant to pay, how will charging the applicant—the parent with care—make the other parent more likely to pay?

Maria Miller Portrait Maria Miller
- Hansard - - - Excerpts

The hon. Lady and I know that it is very difficult for us to sit in judgment over parents. Family breakdown can be caused by many different things and we need to make sure that the support is there for parents to come together and work together. All our evidence suggests that 50% of people in the CSA system would rather not be there and would rather be working in the way I have described.

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Andrew Percy Portrait Andrew Percy
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I will not give way; I want to finish in a moment.

When I was a councillor, a lady came to see me. She had inherited a house from her parents. It was her home; she had lived in it with her parents all her life. She would now be considered to be under-occupying that home. I am sure that the Ministers understand this, but I plead with them to take account of the fact that houses are not only public assets; they are also people’s homes, and people have an attachment to them. This is not a simple matter to resolve, even though we should encourage an end to under-occupancy.

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Jenny Willott Portrait Jenny Willott
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I want to speak quickly on under-occupancy and the Child Support Agency.

The main concern on the Liberal Democrat Benches about under-occupancy and the housing benefit proposals—as hon. Members have heard from a couple of my colleagues and from Members on both sides of the House—is about the impact on rural areas and, in particular, the Scottish islands. There is also a concern about urban areas where an active allocation policy has meant that families have been given larger houses in areas that are less popular. I appreciate that it is difficult to lay out in legislation the need to ensure that tenants are offered appropriate alternative accommodation, but it is important that we ensure that when alternative offers are made they should take into account issues such as family and support networks, which are particularly important in helping people to get back into work. Offers should also take into account the distance people will have to travel, how that will relate to the communities, the lack of public transport in rural areas and so on, as well as where people are working and how easy it is for them to commute if they are required to move.

I understand that the Government will be doing that through discretionary housing payments, but I would be grateful if the Minister would ensure that guidance making those elements very clear is provided for local authorities. I know that discretionary housing payments are ring-fenced, and that is extremely important, but it is also important that general rules taking into account a sensible approach of looking at community links and the availability of alternative accommodation, or lack thereof, are applied across the country.

Jenny Willott Portrait Jenny Willott
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I am not going to give way.

Another concern is that it will take a while to move people and for accommodation to become available. Registered social landlords are concerned to know how long the process will take, so that they can enable a managed process. While that happens, there will be an impact on their income as arrears are likely to build up before alternative accommodation becomes available. Some RSLs have done work on this, including Riverside housing association, which is based in Merseyside. It has calculated that it will take it at least three years to move everybody around. [Interruption.]

Oral Answers to Questions

Sheila Gilmore Excerpts
Monday 23rd January 2012

(12 years, 4 months ago)

Commons Chamber
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Chris Grayling Portrait Chris Grayling
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That does not follow because the Löfstedt review—and the hon. Member for Ellesmere Port and Neston (Andrew Miller)—identified many areas in which the rules and codes of conduct are too complicated and difficult for businesses to understand. We need to get back to a simple regime that is easy to understand and does what it is supposed to do: protect people from death and serious injury in the workplace.

Sheila Gilmore Portrait Sheila Gilmore (Edinburgh East) (Lab)
- Hansard - -

Given that the Löfstedt report does not say that our health and safety legislation is either excessive or wrong, will the Minister also say that and stop peddling the myths on health and safety legislation—the Löfstedt report says that they are myths—that some of his colleagues keep peddling?

Chris Grayling Portrait Chris Grayling
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The hon. Lady misunderstands the challenge we face. It is not Members of the House peddling myths; they are peddled all around the country, by local authority inspectors and middle managers in organisations who blame health and safety for things that have no basis in health and safety law. If we have a simplified regime that everyone can understand, it is much less likely that they can get away with doing that.

Unemployment

Sheila Gilmore Excerpts
Wednesday 14th December 2011

(12 years, 5 months ago)

Commons Chamber
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Sheila Gilmore Portrait Sheila Gilmore (Edinburgh East) (Lab)
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The report issued by the Office for Budget Responsibility at the time of the autumn statement made it clear that the boom was greater and the recession sharper and deeper than had previously been thought. It also stated that the recovery in 2009 was stronger than had previously been thought, and that it was brought to an abrupt halt in the second half of 2010. Perhaps the Minister would like to reflect on what happened in 2010 to change things.

Chris Grayling Portrait Chris Grayling
- Hansard - - - Excerpts

What the hon. Lady has missed is that the OBR said at the time of the autumn statement that the structural deficit—not the cyclical deficit—that we inherited from the previous Government was much worse than it had previously believed. That means that the economic legacy that we inherited was much worse than we had previously believed. It is therefore a much bigger task to overcome that and to get the economy growing again, to get jobs being created again and to get Britain moving.

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Eilidh Whiteford Portrait Dr Whiteford
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Not at the moment, thank you.

It has been evident in Scotland over the past year that the growth of private sector employment has outweighed falls in public sector employment. We now have the highest share of private sector employment that we have had since the advent of devolution. [Interruption.] Although unemployment has fallen across the piece in the past year, it shows that the Scottish Government’s decision to boost investment in the public sector and in infrastructure as far as possible has been a way of offsetting the problems of investment that have been apparent in other parts of the UK—[Interruption.] If the hon. Member for East Kilbride, Strathaven and Lesmahagow (Mr McCann) wants to make an intervention, I am happy to accept it. If not, perhaps he could stop heckling.

If we are serious about tackling unemployment, we need to accept that the cuts introduced by the Government are biting very hard indeed across the whole UK, and that the announcements in the Chancellor’s autumn statement do not go far enough. Crucially, they will not address the immediate challenges of high levels of unemployment and a high benefits bill. I am not sure how we will pay for that in the current circumstances.

Sheila Gilmore Portrait Sheila Gilmore
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Will the hon. Lady give way?

Eilidh Whiteford Portrait Dr Whiteford
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I will not at the moment, thanks. Time is pressing.

In Scotland we are experiencing 32% real-terms cuts to the capital budgets and even after the announcements in the autumn statement, the Scottish capital budget will still be cut by £3 billion over the spending period. More importantly, 70% of the new consequentials announced in the autumn statement will not be available until the year after next. Waiting until 2013 will not deal with the problem that we need to tackle now. What we need is investment in infrastructure.

Much has already been said today about youth unemployment. For those of us who came of age in the 1980s there is a horrible sense of déjà vu. I was one of those who had to put up with the 1980s and see the problems at first hand. When I hear young people in my constituency bemoaning to me the prospects that they are now facing, I have great empathy. It was exactly the same in the 1980s, when we were all told that unemployment was a price worth paying, and a whole generation was relegated to the scrapheap. We are still living with the legacy of that and dealing with the social consequences of it. It was not just about economics. It was about our society and the prospects of a whole generation.

Across the UK we have seen diverse approaches to tackling youth unemployment. It is far too high everywhere, but, as we have heard today, there has been a range of approaches in the devolved Administrations. In Scotland there have been 25,000 apprenticeships, a significantly higher number than before. It even exceeds what the UK Government are doing. University and college places have been maintained. Efforts have been made to ensure that apprenticeships that fall through because companies have gone under as a result of the recession are continuing and those young people are getting back into work. The Opportunities for All initiative is making sure that every young person aged 16 to 19 will get a work or training opportunity.

I hope Ministers will take the opportunity to sit down with Finance Ministers across the devolved Administrations and look specifically at how we can tackle youth unemployment. There are different approaches and there are good ideas coming from different parts of the UK. It is such an urgent problem and such a challenge with such serious long-term consequences that I hope the Minister will take action. We were told in the 1980s that unemployment was a price worth paying. It was not a price worth paying. It is never a price worth paying. It must be the Government’s top priority.

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Sheila Gilmore Portrait Sheila Gilmore (Edinburgh East) (Lab)
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There has been some dispute about whether the coalition Government are the greenest Administration, but they are definitely good at recycling. In particular, the Prime Minister has recycled figures about private sector jobs in the past year and a half. Today, he said that the Leader of the Opposition was recycling jokes, yet he recycles the figure of half a million private sector jobs. Initially, it was half a million in the Government’s first six months; then, it was half a million in the year since they came to power, and now it is half a million since the election. The problem is that it is exactly the same half a million jobs. Half were created in the first quarter of the financial year that started in 2010. What caused that—the actions of the Government? I think not. It was the stimulus provided by the previous Government, whom the coalition Government are so fond of rubbishing. They do that consistently. After that burst of jobs, almost nothing has happened. The promise that if we squeezed the public sector, the private sector would rise up, take the strain and create jobs is not being fulfilled. Until we and our constituents see signs of that, we will simply not believe the Government.

As well as job figures, the Government are recycling ideas. Part of their approach since the election has been to suggest that unemployment is somehow a problem of individuals—of their not being willing, skilled enough or having the financial incentive to work because the benefits system is so generous. I was fascinated to come across a quotation from Sir John Anderson, who was head of the then Prime Minister’s Secretariat in 1930. At a time when people were worried about unemployment, he said:

“Unemployment statistics give an exaggerated view of the magnitude of the problem”.

Why? Because

“a large number of people really abused the Unemployment Insurance Scheme”.

I do not think that many would say that unemployment in the 1930s was caused by people abusing an extremely low amount of benefit. It shows that nothing changes. The Conservative party has always said that at times of high employment. Increasingly, its coalition partners are also saying it. It was said in the 1930s and it was not true then; it is said now and it is still untrue.

That is not to say that training is not important, but it is not new, either. In Edinburgh, the city council considered employment in the first decade of this century. We had historically low unemployment at that stage, but a residual number of people were out of work, some for a long time. We considered training schemes and specialised job academies. For example, we had a health care academy and a social care academy, and we know that taking action is not always easy. The trouble with the Government is that they think they are at ground zero with many things. They imply that we did nothing and that they have sprung into life to make things better.

Yes, we need to train people properly, but training is not a job. The Work programme does not of itself create jobs. We must be absolutely clear about that.

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Steve Webb Portrait The Minister of State, Department for Work and Pensions (Steve Webb)
- Hansard - - - Excerpts

It is important in the few minutes remaining to put on the record some of the facts about the current situation, because there is a danger that the tenor of what we have heard from the Labour party might talk down the British economy and lead to an unnecessary depressing of confidence at a time when we need realism, not talking down the hard-working people in our economy.

Let me give an example. One would hardly believe from today’s debate that since the general election, the number of people in work in this country has risen by a quarter of a million. In fact, the number of people in private sector jobs has risen by more than half a million.

Sheila Gilmore Portrait Sheila Gilmore
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Will the Minister give way?

Steve Webb Portrait Steve Webb
- Hansard - - - Excerpts

In a second. So when it is said that the private sector is not expanding, that is simply not right. People say that there are no jobs, but there are half a million additional private sector jobs. The hon. Lady made the point that that is looking over the whole period, so I will take her at her word. Let us look at the last month. In it, the number of people in work has risen by 38,000. Of course, we can all choose different time periods—Labour Members used the last quarter, for example—but my point is that selective use of statistics, such as that made by the right hon. Member for Birmingham, Hodge Hill (Mr Byrne), creates a highly misleading impression and talks down the British economy in a way that is in nobody’s interests.