I was about to make the point that schemes such as work experience, when they are co-determined, can be valuable tools in enabling people who are yet to find a permanent, full-time job to find one.
The Bill is a new low for the Government. It is the result of an abuse of power and incompetence, mixed with an ideological drive to run down our welfare state. I, for one, do not support it.
The recent court ruling that the Bill seeks to overturn quashed the 2011 jobseeker’s regulations, which failed to describe the specifics of the employment schemes and the requirements to participate in those schemes, including the time that must be spent on them. The Secretary of State had empowered himself to make regulations, but the form that he had chosen was judged to be unlawful. The regulations did little more than name the scheme.
The second part of the judgment related to the sanctions that were applied to claimants. DWP letters failed to explain what they were required to do. The ruling stated:
“the answer to my mind is plainly that there could be no question of sanctions being validly imposed if no proper notice of the sanction consequences was given.”
Again, I support the principle of a sanctions regime. If somebody consistently fails to turn up for work experience or a Work programme scheme, sanctions should be applied. However, I believe that sanctions are being applied indiscriminately. For example, one of my constituents was a beneficiary of employment and support allowance after they had retired on grounds of ill health as a result of a heart problem. He was required to attend a work capability assessment with Atos. During
the assessment, he was told that he was having a heart attack and the nurse said that she had to stop the assessment. He got a letter a couple of weeks later saying that he had withdrawn from the assessment and, as such, was being sanctioned. That beggars belief. I have other examples, as I am sure do colleagues.
I welcome the opportunity for a review of the sanctions regime, which my right hon. Friend the Member for Birmingham, Hodge Hill (Mr Byrne) has proposed, and the provisions on the appeals process. As he suggested, there is an indiscriminate approach to sanctioning. I was contacted by a Jobcentre Plus employee who was concerned that he was being forced to sanction people inappropriately. I hope that more whistleblowers will come forward during the review to describe the issues with the schemes.
The Government say that the Bill is needed so that they do not have to pay back the sanctioned benefits. That is absolute nonsense, as was suggested earlier. There is test case law from 2012 that disputes that argument.
Not only are the Government trying to push through retrospective legislation that undermines the judiciary and the rule of law, with all the appalling implications that that has; I believe that the Bill is part of the divide-and-rule narrative that underpins the Government’s ideology. They are again pointing the finger at the undeserving poor. They are emaciating our hard-fought-for welfare system on the convenient back of austerity. I believe in our country and our people. I believe that in good times and bad the welfare system is there to protect them. There will always be a few who abuse that system and we need to have measures in place to prevent that. However, the Bill goes beyond the pale and I, for one, will fight this emaciation of our welfare system.
2.49 pm