Welfare Reform Bill

I am happy to confirm that this is a sensible provision. Clause 14 will permit the Secretary of State, through personal advisers, to direct that a given activity is not to be treated as work-related activity. I am aware of the concerns that have been raised outside this House on this clause and I hope that I can reassure noble Lords that we cannot and will not force customersto do a particular activity or unfairly deny them opportunities. Clause 12(7) defines work-related activity widely as activity that will make it more likely that a customer will be able to obtain or retain work. This could cover a very wide range of activities and therefore allow the individual to choose the right ones for them. This is fundamental to a tailored approach that is based on choice for the individual. Regulations under the clause will set out the circumstances where directions can be issued. We believe that there will be cases where it is wholly inappropriate for individuals to pursue certain activities, even though these activities would meet the definition of work-related activity. In particular, we are thinking of the situation in which someone is provided with support to enter a particular type of job but states that he does not want to take up the job after finishing the course. I do not want to be too specific on this but it is effectively a failsafe mechanism if people are intent on trying to thwart the provisions. Given that we start with a wide definition of work-related activity—necessarily, because it is a key part of the process—we need to build in possible protections about its misuse. I do not believe that in these or similar circumstances a customer should be able to meet a work-related activity requirement by taking the approach that I have just outlined. It would not be fair to other customers who were endeavouring to overcome potential barriers and, where it incurred any cost to the Exchequer, it would be unfair to taxpayers. I believe that these cases will be extremely rare but it is right that we have the powers to deal with them where they arise. Any directions made under this clause will of course be subject to a right of appeal. Furthermore, when a direction has been made, the customer can undertake any other type of work-related activity to meet the work-related activity requirement. If a customer who had been issued with a direction in respect of a particular activity failed to undertake another type of activity and did not have good cause for this, his benefit would be liable to a sanction. However, he would also have a further, separate right of appeal against the decision under Clause 12 that led to the imposition of the sanction. Although we firmly believe that a collaborative approach with customers should be the norm, it is necessary to be able to act where a customer is undermining the principle and intent of the support that we are offering. I hope that I have provided sufficient clarity to the noble Lord and that he will now be able to support the clause.