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Jobseeker’s Allowance (Mandatory Work Activity Scheme) Regulations 2011

My Lords, in moving this Motion I may cover some of the ground to be covered by the noble Lord, Lord Knight of Weymouth, in his Motions. The 27th report of the Merits of Statutory Instruments Committee draws our attention to the fact that: "““Although there is a considerable amount of paper attached to this instrument the information it contains is … vague””." The committee makes it plain that it has asked for clarification on the regulations from the Department for Work and Pensions and that very little has been forthcoming. The committee points to several inconsistencies between the Explanatory Memorandum and the departmental memorandum to the Social Security Advisory Committee. Like the SSAC before it, the Merits Committee is particularly concerned because, "““the sanction on the individual claimant for failing in any element””," of the scheme, "““is the loss of 3 months’ benefit””." It also points to how: "““The degree of flexibility and discretion built into the arrangements causes the Committee to question how it can be delivered with any degree of consistency””." Noble Lords have always been assured by Ministers that primary legislation lays down the framework and that the detail would be provided in secondary legislation. In this statutory instrument, we have little detail. We are told that the Department for Work and Pensions does not intend to provide detailed guidance on the criteria within the regulations, as it believes the best way to select participants is via adviser discretion. It admits that it has limited evidence for the effectiveness of the four-week placement in mandatory work activity and that that activity is a new scheme. In other words, it is making the rules on the hoof—rules for which there will be no scrutiny and no appeal for the claimants. I have the greatest sympathy with anyone not versed in legislation who may need to refer to it for a particular purpose. I feel that I almost fell at the first post when I tried to find Section 17A(10) of the Act for the meaning of ““jobseeking conditions””, as referred to in the last footnote on page 3 of the statutory instrument. I have a copy of the Jobseekers Act 1995 with a Section 17 but no Section 17A, let alone Section 17A(10). There is no indication of when or under which legislation Section 17A(10) was inserted. I would have thought that I would find Section 17A on the internet, but no such luck. With the help of the wonderful staff in the Printed Paper Office, I was led to Section 1 of the Welfare Reform Act 2009—but still no luck. I found that ““jobseeking conditions”” means conditions set out in Section 1(2)(a) to (c) of the Jobseekers Act 1995. Why on earth could the footnote not have read just that? I can imagine that a member of the public would be enraged at having to spend an unnecessary £18 for a copy of the Welfare Reform Act in addition to the £7.70 for the Jobseekers Act simply to find the definition that is pivotal to the statutory instrument. Regulations 4 and 5 are clear in so far as they go. Noble Lords will be aware that I am concerned with a number of charities that represent people with CFS/ME, but may not know that this week is ME Awareness Week. The Department for Work and Pensions seems to be singularly unaware of and indeed determined to ignore the disabling symptoms of this fluctuating condition. It seems odd to me that the World Health Organisation and the Department of Health recognise it as a neurological condition, while the former Chief Medical Officer, Professor Sir Liam Donaldson, told the BBC online on 11 January 2002 that CFS/ME should be classified alongside multiple sclerosis and motor neurone disease. The National Institute for Health and Clinical Excellence recognises it to be as disabling as multiple sclerosis, rheumatoid arthritis, congestive heart failure and other chronic conditions. I note from a Written Answer that the Department for Work and Pensions refers to chronic fatigue syndrome when my Questions relate to chronic fatigue syndrome/ME. The two are entirely different conditions, defined by different sections of the International Classification of Diseases in ICD-10. It is high time that the department recognised this, for its failure to do so by applying unjustifiably harsh sanctions which seek to force people with CFS/ME back to work before they are ready could be counterproductive, resulting in a deterioration of their health or delaying their recovery. I have recently been sent correspondence from a person helping claimants with CFS/ME who are being transferred from incapacity benefit to employment and support allowance. She explains that the claimants are first sent a letter, as outlined in Regulation 4 of the statutory instrument, and states: "““This tells them briefly about the start of the process and that they’ll be contacted by ’phone””." The time period appears to be about two weeks. She says: "““When the claimants get the ’phone call they are read a statement outlining the process. This appears to be read from a script. The claimants are also given the opportunity to ask questions. I'm aware of several claimants who say the statement is lengthy and due to their cognitive problems, they have been unable to remember the content of it. One claimant asked for a written copy of the statement to be sent to her but was told this wasn’t possible as ‘they were doing it this way’ i.e. verbally””." She says: "““I feel this highlights the inadequacy of the DWP in catering for those with conditions that involve cognitive problems and further underlines just how these problems are being ignored and poorly understood by this Government department””." She goes on to say that her contacts are from Kent and the Midlands, "““so they cannot say they are dealing with the process differently—my contacts were both read the same statement over the phone””." Regulation 4 deals only with what must be done in writing. There is no mention of any verbal statement given over the telephone. There is no indication of the procedure for dealing with a person who cannot understand or take in what has been read to them and my example would seem to indicate that, far from being a flexible and tailor-made service, the process is designed to catch the innocent and the unwary. Action for ME has commented for some time that the DWP does not properly understand the impact of ME on the individual’s capacity to work. In its response to the call for evidence for the independent review of the work capability assessment, it reported that there is unfounded scepticism towards the diagnosis of ME, set within a broader cultural perception within the benefits system that applicants are fraudsters until proven otherwise and that the system lacks recognition of barriers to work which are not patently visible, including cognitive problems and fatigue, particularly when the applicant ““looks well””. There is insufficient understanding of and training in up-to-date data on ME by assessors and decision-makers, including medical staff, and unrealistic expectations on claimants with ME to find and sustain work over time. Another correspondent, Mr Keith Anderson, who is a CFS/ME nurse in Fife, wrote: "““My anger is growing because I can see no reason why this group of patients is being singled out other than deliberate removal from benefits because the DWP staff do not believe the condition exists, or they recognise many will not appeal due to the stress and illness it will cause them””." I had another letter today, which I will send to the Minister, on precisely that fact. The nurse continues: "““Patients are suffering greater symptom impact, relapse in their condition management, exacerbation of any mental issues and, of course, a huge increase in the workload for me””." He maintains that the oath ““First, do no harm”” is not being adhered to by DWP doctors. I understand that claimants will be given placements that last up to four weeks and will be expected to work for up to 30 hours a week. We are not told the type of work they are to be given. There is no indication as to what will happen to a person with a fluctuating condition who has been found by Atos doctors to be fit for some work, but who finds they cannot sustain the work allocated for the number of hours expected, except that they will fail to meet the jobseeking conditions and suffer sanctions. After all, is it not the case that those with CFS/ME need to change their attitude and behaviour—nothing a little cognitive behaviour therapy won’t cure? I find it extraordinary that so much is left to the discretion of DWP personal advisers and private providers. I wonder whether the Minister saw an article in the Guardian of 1 April 2011—not a joke, I understand. It details how, in order to meet targets, vulnerable jobseekers are being tricked into breaching the rules so that benefits can be held back. A Jobcentre Plus adviser is quoted as saying: "““Suddenly you’re not helping somebody into sustainable employment, which is what you’re employed to do. You’re looking for ways to trick customers into ‘not looking for work’””." We know that we must not believe everything we read in the papers, but if there is so much as a grain of truth in the contents of this article, it is extremely worrying. I would be grateful if the Minister will categorically assure the House that there are no targets applicable to the DWP, Jobcentre Plus or private providers. The Social Security Advisory Committee and the Merits Committee are highly critical of the sanctions system. They appear sceptical that sanctions will achieve the results they are designed to achieve. The Merits Committee points out that the department’s own research indicates that, "““there is little evidence that workfare increased the likelihood of finding work””," unless conditions are as close to work as possible. The DWP admits that it has not even asked bidders to specify the placements that they propose to find. The reasoning behind this is that contractors will be allowed as much flexibility as possible to consider what will best support customers. If I place a contract with an individual or a company, I expect to know in detail exactly what they propose to do. I expect my Government to do the same for me and my fellow citizens. The Merits Committee tells the House that these regulations bear similarities to the Work for your Benefit regulations considered last year but not implemented, and which are revoked by the current regulations. It explains that: "““One of the key concerns at the time was that the providers should not exploit participants as a source of cheap labour and that participants should gain relevant skills from the experience. These concerns remain for the replacement scheme set out in the current regulations. The Work for your Benefit Scheme differed in that it was based on a randomised selection process and was a small pilot scheme with a clear evaluation plan aimed at examining whether mandatory work activity had demonstrable benefits””." It went on to say, tellingly: "““That evidence was not obtained, but the mandatory work activity scheme is being introduced nationally from the start of May 2011””." I readily acknowledge that there are a small proportion of benefits claimants who are work-shy and lack the disciplines required to obtain and sustain viable employment. I contend that sanctions are probably unnecessary for people with CFS/ME. A survey by Action for ME in 2008 found that people with ME want to work, and that when people with ME do not work it is because they are physically and mentally unable to sustain paid employment. Action for ME would prefer to see a system based on incentives and support, rather than sanctions. I recognise that there are also others in the population with mental and physical health problems that may not be immediately obvious and who are, in fact, very vulnerable. How does Her Majesty’s Government propose to ensure that their policies will not do irreparable damage to minds and bodies? I would like to see these regulations taken away and returned to us as a complete picture, rather than a sketch, but of course that depends upon the flexibility of the Minister. I regret that he has ignored the advice of the SSAC and the Merits Committee. I beg to move.