Welfare Reform Bill

It is clear that regulations making provision for action plans within the work-related activity requirements should not and would not include any requirement to accept medical treatment, whether medication or psychological therapies. The amendment is a re-drafting of an amendment tabled by Paul Rowen, MP, in the other place on Tuesday 24 February. However, the amendment is broader than the one debated in the other place and ensures that all claimants on ESA are covered by the safeguard. A second important difference between the two amendments is that this one does not place any restriction on what can be drawn up in the action plan. Instead, it removes the compulsory nature of any medical or health-related treatment in the action plan. The reason for the changes to the amendment is important. Some medical treatment might help a claimant in his or her progression to work, and claimants may wish to include that treatment in their action plan. However, the important point is that this must always be a decision taken freely by the individual. Claimants must not be sanctioned for failing to carry it out. During the Committee debate in the other place, the Minister, Tony McNulty, MP, said, ""we will never mandate any parent into any health intervention that is delivered by a health professional, including psychological therapies and the taking of medication".—[Official Report, Commons, Welfare Reform Bill Committee, 24/2/09; col.129.]" The principle of our amendment has thus been conceded by the Government. Our concern is that the safeguard should be incorporated in the Bill. We have had many discussions in relation to various Bills about the importance of principles being in legislation, and we have a similar issue here. Although statements from Ministers giving assurances are always welcome, they do not, of course, have the strength or impact of the Bill itself. The wider legal system sets strict limits on compulsory medical treatment and provides significant safeguards for those who are compelled to take treatment in special circumstances. As someone who is very familiar with the Mental Health Act, I am aware of the strengths of those safeguards. The Mental Health Act also has safeguards to protect the giving of consent by a patient to ensure that it is real and informed consent. There would be no such safeguards in the Bill. The giving of consent would be experienced as given under duress, I suggest. The Bill gives significantly wider powers to personal advisers. They will not be trained health professionals but could potentially be requiring a claimant to undertake specific activities to improve their health. As I have already indicated, this might include therapy programmes or medication. Such decisions surely should and must be decided between a person and their clinician. I hope that we are pushing at an open door here. As I indicated earlier, the Government have accepted the principle of the amendment. Most importantly, it will not cost the Government anything. I beg to move.