Welfare Reform Bill

My Lords, if it will help, as I understand the position, the noble Baroness has moved Amendment 39. Therefore, we need to debate it and we can pick up the other amendments subsequently. The procedure is a little tricky because I have a statement which I need to read verbatim. It picks up the broader issues but since we are, I think, debating Amendment 39 and related matters, that is what I will do. I thank the noble Baroness for tabling Amendment 39 and, indeed, Amendment 46, which would remove from Schedule 3 the provisions that could require claimants of jobseeker’s allowance and employment and support allowance to undergo a drug test. Amendments 41 and 48, which we have yet to debate officially, remove the requirement to comply with a rehabilitation plan and the requirement to submit to treatment. Instead, they require a claimant to attend an assessment for drug treatment. Schedule 3 allows for the introduction of a new regime, which will provide personalised, integrated support to help drug users claiming JSA or ESA to overcome their drug dependence and gain employment. Regulations will initially provide that this applies to heroin and crack cocaine users. Extension to other drugs and alcohol could be considered later. Since our debate in Grand Committee we have listened to the concerns that were expressed and decided that we will keep drug testing in the Bill, but will further limit the circumstances in which it will apply. The Bill already provides that a person can be required to undergo a drugs test only where they fail to attend a substance-related assessment without good cause. However, as a matter of policy, they will not be used in cases where claimants are already in drug treatment, have self-identified their drug misuse or were referred to a substance-related assessment on the strength of information obtained from the criminal justice system. The substance-related assessment provides a gateway to accessing specialised support to overcome drug dependency, address other barriers to work and, when they are ready, prepare for work. It is therefore important that those people who do need support are identified, and do attend. Therefore, I consider this approach is justified. For many, this will be the first step towards overcoming their addiction. I reassure noble Lords that a positive test result will not be used in isolation to decide that a claimant is a problem drug user. A drug test could, if positive, add weight and support to the adviser’s decision to refer to the specialised support they need. I appreciate that the noble Baroness and other noble Lords have strong concerns about mandatory rehabilitation plans and the provisions which require a claimant to submit to treatment. We debated these provisions at length in Grand Committee. We have listened to the specific issues that were raised and respect the strength of feeling displayed on these matters. Therefore, I hope that I can provide some reassurances. We have never intended that paragraph 6 would be used to force people into specific forms of treatment. Under paragraphs 6(4) and 6(5), it is only possible to require a claimant to attend an institution or treatment centre for treatment under the direction of a professional. However, we have brought forward an amendment to Clause 9, which makes it clear on the face of the Bill that regulations must provide that a person is not required to submit to medical treatment. I hope this change will allow your Lordships to be more comfortable about the requirement to comply with a rehabilitation plan. As with any type of health treatment, the patient will need to give informed consent before any medical treatment could be undertaken. If they give such consent, it will go into their rehabilitation plan only if they agree to it being there. So if they decide not to take up medical treatment, that will be accepted. However, we would still require them to engage. This could be in the form of educational sessions, self-esteem counselling and confidence-building. Sanctions would arise if the claimant refused to engage at all. It is important that those identified as problem drug users take the first steps on the journey to overcome their addiction. The Government will ensure that support and treatment are available. All drug users with an identified dependency on, or a propensity to misuse, drugs will be required to follow the rehabilitation plan where this is a factor affecting their ability to obtain or remain in work, and their condition requires and is susceptible to treatment. If they fail to do so without good cause, they will be subject to benefit sanctions. If rehabilitation plans were made optional, as also suggested by these amendments, it is possible that those furthest from the labour market will be those who choose not to have one. This would mean that they would lose the opportunity to obtain other personalised support to overcome barriers to work. This would include support around housing, debt, and employment skills delivered by providers who are experienced in dealing with difficulties faced by problem drug users. Without a rehabilitation plan, JSA claimants would continue to be subject to the mainstream jobseeking conditions. They will continue to struggle to satisfy job search and signing-on requirements and as a result may well face regular benefit sanctions. Regulations around rehabilitation plans will be introduced by regulations subject to the affirmative parliamentary procedure, so both Houses will have an opportunity to consider and debate them. The regulations will include safeguards to ensure that the requirements are proportionate to our aims and compatible with the European Convention on Human Rights. However, I sense from our discussions today—I am sure that the noble Baroness will advance other arguments in this regard—that these reassurances may not be sufficient, and that a regime which involves coercion into any form of treatment or rehabilitation plan remains of deep concern. I am, therefore, willing to take on board the thrust of the amendment and, if they are moved, her other amendments, and will consider between now and Third Reading how we can reflect what they try to achieve. With those reassurances, I hope that the noble Baroness will not press her amendments. I do not want to end up in a situation where process precludes us from coming back to this at Third Reading. I do not propose to move the amendments in my name in the next group and shall come back with them at Third Reading.