Welfare Reform Bill

My Lords, I shall speak also to Amendment 48. The purpose of the amendments is to replace paragraph 6 in new Schedule Al and delete paragraph 3 of new Schedule 1A. These paragraphs as they stand provide for compulsory treatment under a threat of benefits sanctions for claimants dependent on or with a propensity to misuse any drug. I pay tribute to the Minister and to the Bill team for the work that they have done to make possible the tabling of government Amendment 42 .That amendment provides that regulations must ensure that no claimant covered by Schedule 3 is required to submit to medical or surgical treatment without the person’s consent. The Government have thus agreed to the principle that no claimant, including those dependent on or with a propensity to misuse of any drug, should be subjected to compulsory treatment under the welfare reform legislation. Clinicians and patients up and down the country can breathe a sigh of relief that they will not be involved in a benefits-based compulsory treatment regime. My amendments seek to resolve the inconsistencies that the Government’s amendment leaves in paragraphs 6 and 3 of the new schedules. Anyone reading those paragraphs will quickly realise these contradictions. For example, sub-paragraph (2) states: ""Regulations under this paragraph must include provision for the requirement mentioned in sub-paragraph (1) to be imposed on a person"," and so on. Sub-paragraph (4) states: ""The requirements are that during the specified period … the person … must submit to treatment"." Likewise, sub-paragraph (5) states: ""The required treatment for any particular period"," and so on. I am sure that all sides of the House will welcome the government amendment on this crucial issue. It brings the Welfare Reform Bill into line with the Mental Health Act. However, in view of the consensus on this issue, I will not repeat the arguments which we rehearsed at length in Committee in favour of the principle of treatment based on the consent of the claimant. My amendment brings the rest of paragraph 6 into line with the government amendment. It replaces compulsory treatment with a requirement to attend an assessment for treatment. This brings sub-paragraph (4) into line with the government amendment. Much of the rest of paragraph 6 then becomes redundant. I have redrafted parts of paragraph 6 to reflect the intentions of the Bill, while taking on board that treatment will not be required by the DWP, but will be subject to the consent of the claimant. My assumption is that treatment will, if possible, follow an assessment and will be a matter between the clinician and the claimant. Therefore, all the references in paragraph 6 to the requirements for treatment and the directions to the DWP are inappropriate—and they are certainly inappropriate in the context of the government amendment. Therefore something needs to be done. I emphasise that the provision in the Bill for claimants dependent on drugs to be required to attend an assessment for treatment would be a radical departure from any benefits regime that we have had to date. It would offer the possibility of engaging claimants who hitherto have been excluded and very difficult to engage with services. Once they are involved in an assessment, there is a realistic prospect that many will become involved in a treatment or rehabilitation programme. Some may take time to sign up to the rigours of such a programme. After all, the process of withdrawal from hard drugs is a painful and unpleasant experience; but at least they will be on the road towards recovery, a healthy life and self-sufficiency once they put their foot through the door for an assessment for treatment. That is the first step. Without it, we get nowhere, but with it, I would be optimistic. This is a constructive and realistic approach to a significant health problem that has been neglected for too long by successive Governments, at vast cost to the taxpayer. I beg to move.