House of Lords debates, 1 November 2010, 5:45 pm

 

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Baroness Kennedy of The Shaws (Labour)

My Lords, I became aware during the Thatcher years that, if something that was untrue was repeated often enough, it acquired a life of its own and took on the clothes of truth. That political tactic meant, for example, the monstering of all trade unions rather than just of trade union excess, the demonising of single mothers and the trashing of the 1960s. That period of civil rights and of great progress for women, homosexuals and ethnic minorities was depicted as though it were the root of subsequent ills. Then there was the invention of hoards of feckless welfare scroungers, when in fact those who have fallen into the abyss of permanent unemployment have always been a minority. Very few people live well on benefits…..

Baroness Campbell of Surbiton (Crossbench)

My Lords, I welcome this debate on the impact of the comprehensive spending review. For the benefit of new Members of the House, I should say that my noble friend Lady Wilkins will assist me when I run out of breath, as agreed by the usual channels.

There is so much to debate, so I have decided to speak to one area only: where disabled people are being asked to pay a price that far outstrips the potential saving to the Exchequer. I know that my noble friend Lord Low will later cover other new financial policies that will affect for good or bad the lives of disabled people. Let me be clear from the outset that I do not deny the need to address the deficit in part through cuts in public spending. It is in everyone’s interests, including society’s poorest and most disabled, that the books balance. However, to face reality, we must understand reality. Doing so requires us to recognise the full implications of cuts to people in their everyday lives. Only then can we make sensible choices, not just for the individuals who are directly affected but in the public interest.

That is why I have decided to concentrate today on what some may think is a small and insignificant cut to independent living services for disabled people but which has the most disproportionately devastating consequences for their lives. First, before I say what it is, I declare an interest as someone who receives public care and support services targeted by the CSR. I am also a trustee of the National Centre for Independent Living and chair of the Government’s Right to Control advisory group. In fact, I often give expert advice to the Minister on disability matters.

A Government proposal under the heading “Welfare Reform” is to,

“remove the mobility component of Disability Living Allowance for people in residential care, where such costs are”-

supposedly-

“already met from public funds, saving £135 million by 2014-15”.

To claim DLA, you must be under 65 at the time of the claim. The Government estimate that this cut will affect 58,000 disabled young people and working-age adults.

This proposal is seriously flawed for four reasons. First, it will have negative and costly effects on disabled people’s health and well-being, their ability to develop social and community networks and their capacity to move on from residential care to be, as the Government want, independent, participating citizens, not dependants. Secondly, it conflicts with the Government’s policies for personalisation, independent living and encouraging disabled people to gain or retain employment. Thirdly, it is based on a misunderstanding of the purpose of modern residential care and the potential of disabled people living there. Fourthly, it is incompatible with the UN Convention on the Rights of Persons with Disabilities.

I am sure we all agree that people living in care homes today are full citizens. We should therefore expect and want them to exercise their human and civil rights and to contribute to civil society like everyone else. Residential care homes are no longer, or should not be, places to hide people away in or to deny them opportunities the rest of us take for granted: independence, choice, access to public life and maybe, for those who can, eventually the possibility of work and independence. Residential care homes are not intended to be prisons. We all enjoy activities outside our homes. It should be no different for those living in residential care homes.

At this point, Baroness Wilkins continued the speech for Baroness Campbell of Surbiton.

Since the CSR announcement on this DLA saving, disability organisations have been receiving alarmed calls from people desperate at the prospect of losing this entitlement to hard-won independence. Last week RADAR heard from Patricia King. Her son and daughter-in-law are both disabled and live in residential care. Without the mobility component, they will no longer be able to visit the doctor, dentist, bank, church, library or shops, let alone relatives and friends. The proposed changes will remove over 45 per cent of her son’s total allowances and over 69 per cent of his wife’s. Neither the local authority nor the care home is in a financial position to offer free transport as part of its service to the residents. Patricia King, rightly in my view, calls this a cruel cut. She says:

“Some politicians are accepting a 5% cut, but would they accept a 45% or 69% cut to the money that buys them their personal freedoms?”.

The DWP argues that the measure would bring care-home residents into line with hospital in-patients, who lose access to the benefit on the same basis. However, the comparison is false. People of working age living in care homes are not in the same position as patients in hospital. In hospital, you are sick and therefore do not need an allowance to go out. Residential care is disabled people’s home and the base from which they go out to engage in education, training, work, leisure, travel, family and social contact. For many, it is a stepping stone to living independently in the community. Noble Lords may know that care-home residents must surrender almost all their income to support the cost of their care. They are allowed to retain only about £22 a week for personal expenses, so a basic mobility scooter-a mobility aid often bought with DLA finance-costing about £1,500 is out of reach without the DLA mobility component of £49.85 a week. Removing that component takes away over two-thirds of the care-home resident’s income. It makes Britain’s most severely disabled people the group who lose most from the CSR; it literally removes their mobility.

At this point, Baroness Campbell of Surbiton resumed.

Could this House consider, even for a moment, denying me my electric wheelchair or the noble Lord, Lord Ashley, his scooter? I am sure noble Lords would be outraged and would defend our right to contribute to the work of the House. I do not accept that the national finances are such that we should now deny people living in care homes the same rights. To be clear, the DLA mobility component helps residents to maintain contact with families and friends, access the big society as a volunteer, participate in leisure and fitness activities and be active members of their local community. Such activities promote physical and mental well-being. They help to sustain one’s sense of identity and prevent the loss of confidence and the low morale often associated with depression. The proposed modest savings in DLA are likely to be outweighed by increased demands on the NHS and the costs linked to preventing severely disabled people joining society. It makes neither moral nor financial sense.

I am deeply concerned that this cut in spending was not subject to a disability, equality and human rights impact assessment, that it was not discussed with those of us who have had years of experience of advising Governments on disability matters, and that the Treasury failed to run it by its own expert department, the Office for Disability Issues, which found out about the policy on the morning of the CSR announcement. I hope the Minister will explain that to me.

The big fair society can be achieved only if support structures are there to enable disabled people to play their part. Otherwise, we will go back to a time when most disabled people were caught in a culture of dependency with no alternative but to beg for charity or to be jolly grateful for what they got. This fills me with dread. I am sorry that if this debate continues beyond 10 o’clock, I will not be here or, if I am, I will be bedding down on the Back Bench. I have to be home as my CSR-dependent support service dictates my moves. Please think again on this very small cut that illustrates where we are heading.

Lord Knight of Weymouth (Labour)

My Lords, it is a great privilege to follow that speech by the noble Baroness, Lady Campbell, and I look forward to the Minister’s response. I, too, am looking forward to the maiden speeches from the noble Lord, Lord Allan, and my noble friends Lady Healy and Lady Nye…..

It has been said by the Minister and the noble Lord, Lord Lamont, that we are in effect opposing for our own sake and not offering anything in return, but alongside our focus on jobs and growth we agree with continuing the migration off incapacity benefit that we started, we support aspects of the reform of the disability living allowance-although I have listened carefully to the noble Baroness, Lady Campbell, and I hope the Ministers have too-and the principles of the work programme build on what we did in government. There is room to make reforms of the welfare system, but we oppose the changes that will make it harder to get back into work, that are unfair and that undermine the basis of our welfare state. The real-terms cut to working tax credits, especially the childcare element, will reduce the incentives to work and make those in low-paid employment significantly worse off.

And what of those who now lose their jobs? As the labour market continues to be difficult, they will get a cut of 10 per cent in housing benefit after 12 months on jobseeker’s allowance, regardless of how hard they are working to get back into employment. They might also have a large family in an inner city and find themselves having to move because of the housing benefit cap. They might be unable to work because of sickness and have paid national insurance through their working lives, find themselves still sick 12 months later, on the tougher work capability assessment, and then lose entitlement to contributory employment support allowance and get no money until the family falls within the means test. Under no version of fairness could the Minister pretend any longer that this CSR is fair…..

Lord Haskel (Labour)

My Lords, I am not going to speak about the economics of the CSR. My noble friend Lord Myners did that with devastating logic. My concern is about the process. Can the Government and the local authorities carry it through? It is easy to put numbers on a spreadsheet; it is a lot more difficult actually to deliver the proposed savings, as the Government, with the housing benefit and child benefit problems beginning to become apparent, are beginning to find out. Is this project a sound platform, as the Minister put it, or is it fantasy land, as my noble friend Lord Peston put it?…

On Welfare to Work, independent reports state that there is no hard evidence that the independent sector does better than Jobcentre Plus. Indeed, when Pathways to Work was rolled out for people on incapacity benefit in 2008-09, the private sector providers performed worse than Jobcentre Plus, and private sector prisons are certainly not consistently at the top of the performance tables….

Lord Tugendhat (Conservative)

Baroness Hollis of Heigham (Labour)

My Lords, the Minister has insisted today that the CSR cuts are fair and that they support the DWP‘s 21st Century Welfare paper for a universal credit to bring people back into the labour market, mainly through making work pay. Really?…

The employment and support allowance has been mentioned already. After one year, it is to be means-tested. Who will it means-test? It will not just be him and any savings, but his wife. If she holds down a part-time job as well as caring for him, she may find that his ESA is withdrawn. What would you do in her situation? Either you reduce your hours right down to the minimum or you probably stop work altogether. Well done: the CSR has ensured that they enter retirement much poorer than they are now. She as a part-time carer has lost her place in the world of work. If in a few years she is unfortunately on her own, she will not be able to regain it. She will remain poor, workless and isolated into retirement. We have all spent the past decade trying to help parents stay in work as far as they can. The CSR may now destroy that. It is brilliant social policy again…..

Lord Foulkes of Cumnock (Labour)

…My second point relates to the manifestly false claim of fairness in the CSR, which all my colleagues have commented on. The cuts to welfare have been swift and severe-as we heard from my noble friend Lady Hollis and from the noble Baroness, Lady Campbell of Surbiton, in a powerful and moving contribution-but there has been almost nothing at all relating to tax dodgers, who could contribute a huge amount more to our revenues….

Lord Low of Dalston (Crossbench)

…I associate myself with the remarks of the noble Baroness, Lady Campbell, about the withdrawal of the mobility component of DLA from those in residential accommodation-I shall concentrate in the short time that I have left on the Government’s decision to limit contributory employment and support allowance to 12 months. I believe that that will cause great hardship. The Government’s decision fails to recognise three key points. First, those who have paid into the system through tax and national insurance have a right to expect that, if they become sick or disabled, the benefits system will support them as they come to terms with their impairment, gain access to rehabilitation services, retrain, learn new life skills and then move towards work. They paid in in the belief that they could rely on such support. The proposed change has not been consulted on and is a radical redrawing of the contract between the citizen and the state.

Secondly, it is completely arbitrary to say that everyone must find work within 12 months or lose a benefit for which they have contributed. Every individual is different in their journey towards work. Most important of all, there are simply not the jobs to enable everyone on ESA to get a job within 12 months. Since 2008, long-term unemployment has almost doubled to 797,000 while vacancies have fallen to 467,000. That leaves a deficit of 330,000 jobs. The impact is therefore clear. The Government will be means-testing large numbers of people on the work programme and ending their contributory ESA before they find work. Not only is that sadistically harsh, but it comes at completely the wrong time, as the noble Baroness, Lady Kennedy of The Shaws, has said. It is also self-defeating, and will completely undermine the welcome objectives set out in 21st Century Welfare, which, as the noble Baroness, Lady Hollis, has said, we all support. I will not be surprised if the time limiting of ESA, together with the changes to DLA and housing benefit contained in the CSR, come to be totemic symbols of coalition heartlessness such as the ending of free school milk in an earlier age.

Finally, the majority of the 1.5 million incapacity benefit claimants who are due to be migrated on to ESA over the next three years will face the same 12 month limit and means test. That is because the majority of those are expected to pass the new work capability assessment and be allocated to the work-related activity group. The vast majority of IB claimants have been on the benefit for five years or more, which means that they have complex needs in terms of making the journey back to work. Complex needs require time to address them; the time-limiting policy completely disregards that. Have the Government made any assessment of the proportion of claimants who will qualify for income-based support as they come off ESA? I should be grateful if the Minister could enlighten me.

The damaging and unjust consequences of time limiting ESA are just one of many reasons-the noble Baroness, Lady Hollis, has instanced a string of further examples of perversity-why the Government should seriously rethink the CSR. If they refuse to do so, I would not mind betting that they will be forced to do so in due course.

Lord Davies of Stamford (Labour)

Baroness Turner of Camden (Labour)

Lord Higgins (Conservative)

Baroness Sherlock (Labour)

..If you have been out of work for a year, you have probably already exhausted all your savings; you have probably already been round all your friends and family and anyone else in your network who has money, many of whom will be in a similar position in some areas. So what do you do? If, at that point, your housing benefit is cut by 10 per cent, even if that were only £15 a week, that could be an enormous amount of your disposable income. Frankly, it might as well be £1,500 a week for all the difficulty you will have in finding it. What would that do to a family with children? You are out of work, your housing benefit has been cut and your landlord will not randomly reduce the rent for those who happen to have been on JSA for more than 12 months, so you cannot make the rent and at some point your arrears build up and you are likely to be evicted. Then we have a homeless family. How is public policy advanced in any way?…

Lord Allan of Hallam (Liberal Democrat)

Lord Bates (Conservative)

Lord Berkeley (Labour)

Lord Judd (Labour)

Lord Skidelsky (Crossbench)

Baroness Liddell of Coatdyke (Labour)

Baroness Billingham (Labour)

Lord Plumb (Conservative)

Lord Clark of Windermere (Labour)

Lord Stewartby (Conservative)

Baroness Nye (Labour)

Baroness Browning (Conservative)

My final point is about disability. I thought that the speech of the noble Baroness, Lady Campbell of Surbiton, was very well made. It is a fact that there is no like-for-like comparison between people who are in residential care and people who are hospitalised. When we talk of residential care, all too often we think of very elderly, infirm people who cannot move and whom it would be difficult to take out. However, there are many people who are able get out to lead lives at some level of independence and maintain family contacts.

In that spirit, on disability, I say to my noble friend that one group of 250,000 people are still on severe disablement allowance, a benefit that was stopped in 2001. They were allocated that benefit at the time because they were deemed to have lifelong disabilities. Many of them-most of them, I would suggest-have never been in work. I declare an interest as a carer for one such adult. When we talk about getting people back into work, it is very worrying to me, as a carer. I am not saying that all of them could not be helped into some sort of work, but the nature of their lifelong disabilities-I am speaking particularly about conditions such as autism and people on the autistic spectrum-means that these are not people to whom we will be doing any service if we suddenly turn up one day and say, “It’s time for you to go to work after 38 years”. I hope that my noble friend will take that into account.

Baroness Healy of Primrose Hill (Labour)

Today, however, I wish to raise some concerns about the possible unintended consequences of the CSR. When I worked for the MP John Cruddas-and here I should declare an interest: he is my husband-I was continuously struck by the absolute determination of many struggling families to do what was best for their children. But the harsh realities of life, like ill-health or loss of work, could trigger a series of events that could lead to family break-up and loss of a home. This is what concerns me with the CSR. For example, housing benefit changes might mean that families have to leave their homes, removing children from schools and away from support networks of extended families, friends and churches. The CSR also announced that the percentage of child care costs covered by tax credits will be reduced from 80 per cent to 70 per cent. This could cost a low-paid worker with two children up to £30 a week, and, after one year, some people will lose their entitlement to employment and support allowance. A family where one adult is in paid work and the other receives ESA could lose up to £91.40 a week. Even if they then claim jobseeker’s allowance, they will still lose more than £30 a week.

I am also concerned about the effects of the CSR on carers. A report just published by the charity Grandparents Plus states that welfare reform and spending cuts could penalise the forgotten army of grandparent carers. According to this report, there are 200,000 family and friend carers-mostly grandparents-raising some 300,000 children. They save the Government some £12 billion a year. Over half these carers had to give up work or reduce their paid hours because of their caring duties. A third are dependent on benefits for their income and one in three is on discretionary local authority allowances. Many families could really struggle over the next few years.

Baroness Gould of Potternewton (Labour)

Lord Greaves (Liberal Democrat)

Lord Watson of Invergowrie (Labour)

…In finishing, I will say a brief word on the effects of the cuts in housing benefit, which has also been referred to by many noble Lords. I just wish that Ministers would admit that housing benefit is not just for the unemployed. Some 300,000 people in employment receive housing benefit. The issue is about much more than a few well-off areas of London-although you would be hard-pushed to know that given the media coverage of the past two weeks-and more than 750,000 claimants could be affected by the changes to the way local housing allowance levels are calculated. That will involve families in many communities across the UK. Indeed, Department for Works and Pensions figures show that Scotland will be hard hit. Around 40,000 people in Scotland will have their housing benefit cut from next year and will lose £7 a week-over £350 a year on average-because of the changes, even before the 10 per cent reduction for the long-term unemployed is taken into consideration.

Baroness Hughes of Stretford (Labour)

The Earl of Listowel (Crossbench)

Lord Graham of Edmonton (Labour)

Viscount Eccles (Conservative)

Baroness Farrington of Ribbleton (Labour)

Lord James of Blackheath (Conservative)

Baroness Hollis of Heigham (Labour)

Lord James of Blackheath (Conservative)

Lord de Mauley (Whip, House of Lords; Conservative)

Lord James of Blackheath (Conservative)

Lord Shipley (Liberal Democrat)

Baroness O’Loan (Crossbench)

…However, the consequence of the current situation associated with the 40 per cent reduction in capital spend over the next four years is that Northern Ireland will be particularly vulnerable by comparison with the rest of the United Kingdom. Given the vulnerability of so many people and given that the decisions as to how the cuts will be applied will rest with the devolved Government, it will none the less be profoundly important that the Government adhere to their commitment to fairness in relation to the reduction in spending on welfare. The impact of some of the proposed cuts on those who suffer from higher levels of physical and mental illness and disability and who are so much more likely to commit suicide will be very hard. It seems that across the United Kingdom there is an element that from those who have so little, much is to be taken.

Lord Eatwell (Labour)

Lord Sassoon (Commercial Secretary, HM Treasury; Conservative)

Lord Foulkes of Cumnock (Labour)

Lord Sassoon (Commercial Secretary, HM Treasury; Conservative)

…The second principle that I set out at the beginning is that our choices should be fair. We have heard some powerful speeches today, particularly from the noble Baronesses, Lady Hollis of Heigham and Lady Campbell of Surbiton, reminding us just how difficult it is to reshape the welfare system in the radical way that we intend at a time of considerable retrenchment in the public finances. I shall take away the points that they and others have made. In particular, I note carefully the concerns of the noble Baroness, Lady Campbell, about the mobility component of disability living allowance.

Baroness Farrington of Ribbleton (Labour)

Lord Sassoon (Commercial Secretary, HM Treasury; Conservative)

Lord Knight of Weymouth (Labour)

Lord Sassoon (Commercial Secretary, HM Treasury; Conservative)

Baroness Farrington of Ribbleton (Labour)

Lord Sassoon (Commercial Secretary, HM Treasury; Conservative)

Lord Knight of Weymouth (Labour)

Baroness Anelay of St Johns (Lords Chief Whip, House of Lords; Conservative)

Noble Lords:

Oh!

Baroness Anelay of St Johns (Lords Chief Whip, House of Lords; Conservative)

Lord Sassoon (Commercial Secretary, HM Treasury; Conservative)

Baroness Royall of Blaisdon (Labour)

Lord Sassoon (Commercial Secretary, HM Treasury; Conservative)

Lord Myners (Labour)

Lord Sassoon (Commercial Secretary, HM Treasury; Conservative)

Baroness Farrington of Ribbleton (Labour)

Lord Sassoon (Commercial Secretary, HM Treasury; Conservative)

Noble Lords:

Oh!

Lord Sassoon (Commercial Secretary, HM Treasury; Conservative)