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Proceeding contribution from Lord McKenzie of Luton (Labour) in the House of Lords on Tuesday, 3 November 2009. It occurred during Debate on bill on Welfare Reform Bill.


Welfare Reform Bill

15: Schedule 3, page 80, line 38, leave out from beginning to end of line 17 on page 82 and insert— "Voluntary and mandatory rehabilitation plans 5A (1) Regulations may make provision for or in connection with— (a) securing that a person ("P") who at any time complies with a voluntary rehabilitation plan is not required to meet the jobseeking conditions at that time; and (b) suspending any jobseeker’s agreement to which P is a party for any period during which P complies with a voluntary rehabilitation plan. (2) Regulations under this paragraph may include provision for the consequences set out in sub-paragraph (1)(a) and (b) to follow only if the Secretary of State is satisfied that— (a) P is dependent on, or has a propensity to misuse, any drug, and (b) P’s dependency or propensity is a factor affecting P’s prospects of obtaining or remaining in work. (3) For the purposes of this paragraph a "voluntary rehabilitation plan" is an agreement entered into by the Secretary of State and P under which P agrees to take one or more of the following steps. (4) The steps are— (a) submitting to treatment by or under the direction of a person having the necessary qualifications or experience, (b) taking part in specified interviews, and specified assessments, at specified places and times, and (c) taking such other steps (if any) as may be specified, with a view to the reduction or elimination of P’s dependency on, or propensity to misuse, the drug in question. (5) The treatment may be— (a) treatment as a resident in a specified institution or place, or (b) treatment as a non-resident at a specified institution or place, and at specified intervals. (6) Regulations under this paragraph may, in particular, make provision— (a) as to the maximum period for which a person may benefit from the provision made by the regulations; (b) about the form of voluntary rehabilitation plans (including provision as to their signing); (c) about the review, variation and revocation of voluntary rehabilitation plans; (d) for securing that a person who agrees to comply with a voluntary rehabilitation plan provides information, and such evidence as may be prescribed, as to compliance with the plan. (7) A jobseeker’s allowance may also be known as a "treatment allowance" at any time when— (a) it is payable in respect of a person to whom this paragraph applies, or (b) it is payable in respect of a joint-claim couple both members of which are persons to whom this paragraph applies. (8) In this paragraph "specified", in relation to a voluntary rehabilitation plan, means specified in or determined in accordance with the plan. 6 (1) Regulations may make provision for or in connection with imposing on a person a requirement to comply with a mandatory rehabilitation plan. (2) Regulations under this paragraph must include provision for securing that a person is subject to the requirement mentioned in sub-paragraph (1) at any time only if— (a) the person has not at that time agreed to comply with a voluntary rehabilitation plan under paragraph 5A, and (b) the Secretary of State is satisfied as mentioned in sub-paragraph (2) of that paragraph. (3) For the purposes of this paragraph a "mandatory rehabilitation plan" is a document— (a) which is provided to the person by the Secretary of State, and (b) which contains one or more of the following requirements. (4) The requirements are that the person— (a) must attend an educational programme at a specified place and at specified times, (b) must take part in specified interviews, and specified assessments, at specified places and times, and (c) must take such other steps (if any) as may be specified, with a view to the reduction or elimination of the person’s dependency on, or propensity to misuse, the drug in question. (5) Nothing may be specified in a mandatory rehabilitation plan which requires a person to submit to medical or surgical treatment. (6) Regulations under this paragraph may, in particular, make provision— (a) as to the involvement of a person in determining the particular requirements to be contained in a mandatory rehabilitation plan with which the person is to be required to comply; (b) about the form of mandatory rehabilitation plans (including provision as to their signing); (c) about the review, variation and revocation of mandatory rehabilitation plans; (d) for securing that a person who is required to comply with a mandatory rehabilitation plan provides information, and such evidence as may be prescribed, as to compliance with the plan. (7) Regulations under this paragraph may not impose a requirement on a person at any time unless the person would (apart from the regulations) be required to meet the jobseeking conditions at that time. (8) In this paragraph "specified", in relation to a mandatory rehabilitation plan, means specified in or determined in accordance with the plan." 16: Schedule 3, page 83, line 8, at end insert— "Information 7A (1) Regulations may make provision for or in connection with authorising the supply of information, other than excluded information, held by— (a) a police force, (b) the probation service, or (c) such other person as may be prescribed, to a person within sub-paragraph (2) for use for the purposes of any provision of this Schedule. (2) The persons within this sub-paragraph are— (a) the Secretary of State; (b) a person providing services to the Secretary of State; (c) an approved person (within the meaning of paragraph 2). (3) Information supplied under the regulations may not be supplied by the recipient to any other person unless— (a) it could be supplied to that person under the regulations; (b) it is supplied for the purposes of any civil or criminal proceedings; or (c) it is required to be supplied under any enactment. (4) In sub-paragraph (1) "excluded information" means any information relating to or acquired as a result of— (a) the provision of medical or surgical treatment or care, or (b) the provision of services by a social worker, other than information as to whether a person is having (or has had) treatment in respect of the person’s use of any drug. (5) In sub-paragraph (1) "the probation service" means— (a) in England and Wales, a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000 or a provider of probation services; (b) in Scotland, a local authority within the meaning of the Social Work (Scotland) Act 1968." 17: Schedule 3, page 83, line 27, at end insert— "(4) In paragraph 19 of Schedule 1 (treatment of information), as inserted by section 33(3) of this Act, after "this Act" insert "(other than paragraph 7A of Schedule A1)"." 18: Schedule 3, page 83, line 33, after "3" insert ", 5A" 19: Schedule 3, page 85, line 39, after "assessment" insert ", and a subsequent interview (a "drugs interview") with an approved person to discuss any matters arising out of that assessment," 20: Schedule 3, page 86, line 21, after "assessment" insert "or a drugs interview" 21: Schedule 3, page 86, line 23, after "assessment" insert "or drugs interview" 22: Schedule 3, page 86, line 24, at end insert— "(4A) Regulations under this paragraph may, in particular, make provision for a requirement imposed on a person ("P") under this paragraph to cease to have effect if— (a) P agrees to provide a sample, in accordance with instructions given by an approved person, for the purpose of ascertaining whether there is or has been any drug in P’s body, and (b) the sample provided indicates that no drug is or has been in P’s body." 23: Schedule 3, page 88, leave out lines 1 to 26 24: Schedule 3, page 88, line 27, leave out from beginning to end of line 43 on page 89 and insert— "Voluntary and mandatory rehabilitation plans 5A (1) Regulations may make provision for or in connection with securing that a person ("P") who at any time complies with a voluntary rehabilitation plan is not required at that time— (a) to take part in a work-focused interview under section 12(1), or (b) to undertake work-related activity under section 13(1). (2) Regulations under this paragraph may include provision for P not to be required to do the things mentioned in sub-paragraph (1)(a) or (b) only if the Secretary of State is satisfied that— (a) P is dependent on, or has a propensity to misuse, any drug, and (b) P’s dependency or propensity is a factor affecting P’s prospects of obtaining or remaining in work. (3) For the purposes of this paragraph a "voluntary rehabilitation plan" is an agreement entered into by the Secretary of State and P under which P agrees to take one or more of the following steps. (4) The steps are— (a) submitting to treatment by or under the direction of a person having the necessary qualifications or experience, (b) taking part in specified interviews, and specified assessments, at specified places and times, and (c) taking such other steps (if any) as may be specified, with a view to the reduction or elimination of P’s dependency on, or propensity to misuse, the drug in question. (5) The treatment may be— (a) treatment as a resident in a specified institution or place, or (b) treatment as a non-resident at a specified institution or place, and at specified intervals. (6) Regulations under this paragraph may, in particular, make provision— (a) as to the maximum period for which a person may benefit from the provision made by the regulations; (b) about the form of voluntary rehabilitation plans (including provision as to their signing); (c) about the review, variation and revocation of voluntary rehabilitation plans; (d) for securing that a person who agrees to comply with a voluntary rehabilitation plan provides information, and such evidence as may be prescribed, as to compliance with the plan. (7) An employment and support allowance may also be known as a "treatment allowance" at any time when it is payable to a person to whom this paragraph applies. (8) In this paragraph "specified", in relation to a voluntary rehabilitation plan, means specified in or determined in accordance with the plan. 6 (1) Regulations may make provision for or in connection with imposing on a person a requirement to comply with a mandatory rehabilitation plan as a condition of continuing to be entitled to the full amount payable to the person in respect of an employment and support allowance apart from the regulations. (2) Regulations under this paragraph must include provision for securing that a person is subject to the requirement mentioned in sub-paragraph (1) at any time only if— (a) the person has not at that time agreed to comply with a voluntary rehabilitation plan under paragraph 5A, and (b) the Secretary of State is satisfied as mentioned in sub-paragraph (2) of that paragraph. (3) For the purposes of this paragraph a "mandatory rehabilitation plan" is a document— (a) which is provided to the person by the Secretary of State, and (b) which contains one or more of the following requirements. (4) The requirements are that the person— (a) must attend an educational programme at a specified place and at specified times, (b) must take part in specified interviews, and specified assessments, at specified places and times, and (c) must take such other steps (if any) as may be specified, with a view to the reduction or elimination of the person’s dependency on, or propensity to misuse, the drug in question. (5) Nothing may be specified in a mandatory rehabilitation plan which requires a person to submit to medical or surgical treatment. (6) Regulations under this paragraph may, in particular, make provision— (a) as to the involvement of a person in determining the particular requirements to be contained in a mandatory rehabilitation plan with which the person is to be required to comply; (b) about the form of mandatory rehabilitation plans (including provision as to their signing); (c) about the review, variation and revocation of mandatory rehabilitation plans; (d) for securing that a person who is required to comply with a mandatory rehabilitation plan provides information, and such evidence as may be prescribed, as to compliance with the plan. (7) Regulations under this paragraph must include provision for a requirement imposed on a person under this paragraph to cease to have effect if the person becomes a member of the support group. (8) In this paragraph "specified", in relation to a mandatory rehabilitation plan, means specified in or determined in accordance with the plan." 25: Schedule 3, page 90, line 22, at end insert— "Information 7A (1) Regulations may make provision for or in connection with authorising the supply of information, other than excluded information, held by— (a) a police force, (b) the probation service, or (c) such other person as may be prescribed, to a person within sub-paragraph (2) for use for the purposes of any provision of this Schedule. (2) The persons within this sub-paragraph are— (a) the Secretary of State; (b) a person providing services to the Secretary of State; (c) an approved person (within the meaning of paragraph 2). (3) Information supplied under the regulations may not be supplied by the recipient to any other person unless— (a) it could be supplied to that person under the regulations; (b) it is supplied for the purposes of any civil or criminal proceedings; or (c) it is required to be supplied under any enactment. (4) In sub-paragraph (1) "excluded information" means any information relating to or acquired as a result of— (a) the provision of medical or surgical treatment or care, or (b) the provision of services by a social worker, other than information as to whether a person is having (or has had) treatment in respect of the person’s use of any drug. (5) In sub-paragraph (1) "the probation service" means— (a) in England and Wales, a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000 or a provider of probation services; (b) in Scotland, a local authority within the meaning of the Social Work (Scotland) Act 1968." 26: Schedule 3, page 90, line 42, after "paragraph" insert "5A or" 27: Schedule 3, page 91, line 11, leave out ""or Schedule 1A"" and insert "", or under any paragraph of Schedule 1A other than paragraph 7A,"" 28: Schedule 3, page 91, line 14, after "3" insert ", 5A" Amendments 15 to 28 agreed. Schedule 6 : Registration of births Amendment 29 Schedule 6 : Registration of births Amendment 29 Moved by


Secondary information

Type
Proceeding contribution
Reference
714 c170-5 
Session
2008-09
Chamber / Committee
House of Lords chamber
Subjects
Council tax benefits Children Disability living allowance Disclosure of information Criminal proceedings Benefits rules Community care Employment Jobseeker's allowance Driving Disqualification Domestic abuse Drugs Fathers Medical treatments Pilot schemes Parents Misuse Passports Lone parents Parental responsibility Social security Social security benefits Rehabilitation Registration Registration of births, deaths, marriages and civil partnerships Travel restrictions Information sharing
Legislation
Welfare Reform Bill 2008-09
Link
View this Proceeding contribution on www.publications.parliament.uk