My Lords, I thank all noble Lords for their contributions this evening. It has been a really interesting debate. I particularly thank the noble Baroness, Lady Shawcross-Wolfson. What an astonishing story and what an incredible heritage. I can only think that her forebears must be so very proud of her. It is a real joy to have her here with us today.
I thank my noble friend Lady Bryan. It was a privilege to be her Whip. I cannot say that I was always successful in persuading her of my point of view, but it was an absolute delight to work with her and we will miss her very much. I know that retirement for her will not mean walking away from the cause of social justice; indeed, she may be the first person to leave the House of Lords to spend more time in politics. We thank her for her contribution and we hope that she stays in touch.
Before I turn to the specific points raised, I say from the outset that this Bill is simply one part of the Government’s wider programme to reform our social security system so that it is sustainable and helps people to build a better life. That is what it is there to do, but it is part of a much wider programme. Let us bear that in mind as we go through.
Let us look at the specifics. I will try to talk on as many points as possible, but in 20 minutes I will not get to them all and I will not name everybody. I apologise in advance.
On the comments from the noble Baroness, Lady Bennett, the right reverend Prelate the Bishop of Newcastle, and others that the Bill pushes people into poverty, let me be clear that nobody will find themselves pushed into poverty as a result of the changes in the Bill. People who are claiming benefits are not going to be subject to these changes. As I said at the start, we estimate that the benefits changes announced at the Spring Statement, revised to account for changes in the Bill, will now lift 50,000 people out of poverty in 2029-30. That is without any impacts of our record £3.8 billion investment in employment support. It is absolutely the case that those who qualify in future will get a higher standard allowance in universal credit and will still get a health top-up in universal credit, albeit at a lower level than now, as a result of the rebalancing. They will also get much more support in their journey towards work.
As for those with the highest needs, we recognise that some people will never be able to work. That is why those with the most severe, lifelong conditions whom we do not ever expect to be able to work, and those nearing the end of their lives, will receive the current higher rate of health top-up when they apply, and we will not be calling people in for pointless assessments.
My noble friend Lord Rook and the noble Baroness, Lady Stedman-Scott, focused particularly on young people. We have a special responsibility to make sure that nobody is written off before their adult life even begins. That is the basis of our new youth guarantee, to ensure that all 18 to 21 year-olds can access quality training opportunities, an apprenticeship or help to find a job. That will include targeted support for, for example, young people with learning disabilities. Our youth guarantee trailblazers are already doing brilliant work, testing and delivering new ways to help young people. We are working in partnership with all kinds of organisations, including the Premier League, Channel 4 and the Royal Shakespeare Company, to engage and inspire young people on their journey towards work. Perhaps the Salvation Army needs to be added to that list now—I can take a hint from both Benches.
My noble friend mentioned mental health. I reassure him that we are expanding mental health support teams, so that more schools can offer early, specialist help. All pupils will have access to mental health support in school by the end of the decade. Through the youth guarantee, we are improving access to mental health services for 18 to 21 year-olds.
A number of noble Lords mentioned the proposal we consulted on in the Green Paper, which is not part of this Bill, as to whether we should delay access to the health top-up of universal credit until someone is 22. I make no apology that we have to explore every option to make sure that young people are making the best possible start to their adult lives. However, there was a consultation. No decision has been taken, nor will it be taken until we have had the opportunity to review responses to the consultation. I reassure the House that, if we decide to go ahead with that, the savings will be reinvested in training and work opportunities for that age group and we will consider carefully what special provisions are needed for those young people for whom the youth guarantee will never be a realistic option.
I heard the comments of my noble friend Lord Hendy and others about the questions raised by the UNCRPD. I say to the House that we take our international obligations seriously. We have had a letter, we are considering the issues raised and we will respond in due course.
The noble Baroness, Lady Grey-Thompson, made some very important points about the way we debate these questions. I share her concern that the narrative can become regrettable and focused in ways that are just not helpful to the debate, never mind to the individuals. I reassure the noble Baroness, Lady Brinton, that my honourable friend the Secretary of State—I know this because I know her well—does not believe that disabled people are work-shy and wants to give them opportunities to move into work. I want to see a much better debate all round. We have to find a way, as a country, to be able to discuss reform of social security without running into problems where either we are not able to discuss it or we are doing it in ways that cause fear and anxiety, which do not need to be there. I hope we can all work together to find ways to do that.
I was shocked to hear of the website described by the noble Baroness, Lady Grey-Thompson, identifying Motability users. We have checked and the Motability Foundation has confirmed that no data was provided to the developers and any information returned is not accurate. I am glad that the website has been taken down, but the bottom line is that that should not be happening. That is not what this is about. It is shocking.
I agree with the noble Baroness that we need to make sure that we regain trust among those who use our services. A couple of noble Lords made points on this. We made clear in our Green Paper that this is our mission. We announced that we are reviewing our entire safeguarding processes and strengthening our clinical governance. I say to the noble Baroness, Lady Scott of Needham Market, that that includes the training of assessors, because we want to make sure that we get this right. A lot of time and effort is being invested in this and we have some really good people from the clinical side who are working with us internally in doing that. I am glad that the noble Baroness found the training helpful, even if it was not as long as she would want it to be. We are moving to bring back face-to-face assessments and will record them as standard. We think that those things taken together will help make a difference to the way the assessments happen and are perceived.
The noble Lord, Lord Elliott of Mickle Fell, touched on the challenge of making sure that the right jobs are there in the first place, and he is absolutely right. We are creating good jobs across the country, including using our modern industrial strategy and investing in such things as clean energy. However, our local Get Britain Working plans are based on the recognition that we do not have a single labour market in this country but a number of different labour markets that depend on local conditions.
I say to the noble Baroness, Lady Stedman-Scott, that this Bill does what this Bill does. If she wants to find hope and opportunity, she should go out there and look at Get Britain Working, the inactivity pilots, our youth guarantee pilots, and the independent review that we have commissioned from Sir Charlie Mayfield, former boss of John Lewis, into what employers can do to create inclusive workplaces where people can stay in work and not fall out of it when they hit health problems. There is a huge amount going on beyond this.
I take the point from the noble Lord, Lord Elliott of Mickle Fell; he is not the first person to make it to me. I will share it where it can best be used. We want to find ways of making sure that there are jobs there for people who want to get into them and that we can support them to do it.
Fluctuating conditions were mentioned a lot. This is an area where there has clearly been some confusion. Let me clarify for noble Lords who are not familiar with this that the work capability assessment is not specific to a condition; it is based on the impacts of a condition rather than the condition itself. Some conditions will have different impacts on different people or at different stages of a person’s life. The assessment includes provisions to ensure consideration of how someone’s condition might fluctuate, hence the use of the terms “reliably” and “repeatedly” in some of the descriptors. This Bill does not change that. The idea that we have somehow changed that through using the word “constantly” is not the case. In some of the descriptors embedded in legislation, the concept of fluctuation in a condition is explicit within the use of those terms “reliably” and “repeatedly”. The bottom line is that, if a person cannot repeat an activity within a reasonable time, they should be considered unable to complete the task at all. I hope that is reassuring.
The severe conditions criteria are existing criteria which we are now going to use to determine who gets the higher, protected amount of health top-up. The wording in the Bill reflects how the functional tests are applied at present, and those tests take account of fluctuations. The healthcare professional has to look at how someone can undertake a task; if they cannot do it reliably and repeatedly, they should be assumed to be unable to complete it at all. I hope that provides reassurance.
NHS diagnosis came up a couple of times, so I would like to take the opportunity to clarify this. To meet the severe conditions criteria, the condition needs to be recorded somewhere in the NHS, following a proper clinical investigation and a formal medical diagnosis in line with NHS best practice. That does not mean the initial diagnosis has to be done by the NHS, but it has to be recorded somewhere in the NHS system. For a person who has a severe, lifelong health condition, their diagnosis will be in their GP record, even if it was made privately. I hope that helps reassure noble Lords.
A number of noble Lords raised the issue of unpaid carers. I once again put on record how much the Government appreciate their work and contribution. The increase to the UC standard allowance will benefit around a million unpaid carers. For any carers currently getting the universal credit health top-up, this Bill will not change that. My noble friend Lady Andrews and the noble Baroness, Lady Tyler, gave me a strong challenge on the review of PIP being co-produced with disabled people and other stakeholders. I reassure them that that will include carers’ organisations, so the voices of unpaid carers will be heard in that process.
On the two-tier system—I hate this phrase anyway, for all kinds of reasons that will be obvious—it is really common in social security when you make a significant change that some people on an existing system will stay on the old terms. Take the example of the limited capability for work premium in universal credit, which the last Government changed in 2017: people who were getting it then are still getting it today and will carry on doing so. There are only two ways to do this: either you change it overnight for everybody or you allow those already getting something to carry on getting it for a time while you change it. We cannot have both no two-tier system and no cliff edge. All this is doing is allowing people who have already got used to this to carry on with it, and adjusting it, which is the right thing to do.
The noble Viscount, Lord Younger, asked for details on exactly what the employment support will be. I do not have time to go into this now, but I reassure him that we are scaling up fast, with £600 million in 2026-27. The support we are delivering includes Connect to Work, WorkWell, nine inactivity trailblazers and access to 1,000 pathways to work advisers. I assure him that anyone affected by the reduction of the UC health top-up will be offered work, health and skills support through an adviser.
A number of noble Lords talked about the challenges we are facing in the system. It is true that making our social security system sustainable is a real objective for this Government, as it must be for every Government. That needs action on various fronts. It needs action to reduce the drivers of ill health, as the right reverend Prelate the Bishop of Newcastle said. It needs action, which we are doing, through our record levels of investment in and reform of the NHS. It needs investment in jobs in poor areas and in employment support, all of which we are doing at scale. It also needs reform of the benefits system, which we are committed to doing.
In response to the noble Viscount, who wants everything to have happened yesterday—even though I am not sure that characterised his Government’s period in office—for reforms of this scale, we need as far as possible to take people with us. I want these reforms to last for generations to come, because I want the welfare state to last for generations to come. Let us try to get this right, work together and be sensible about change. The real prize here is long-term reform and that is what we are shooting for.
A couple of noble Lords asked whether we are still saving money. Obviously, the removal of the PIP measure from this Bill will come with a cost, but the updated impact assessment shows that the Bill will still deliver some savings by 2029-30. However, the OBR will certify these as part of its next economic and fiscal outlook.
My noble friend Lady Ritchie asked what would happen to people on ESA. Existing claimants and anyone declaring a health condition before 6 April next year, and who become entitled to LCWRA because of that declaration, will get the higher rate. That includes claimants who currently receive income-related ESA and migrate to universal credit with no break in their claim. I hope that reassures her on that point.
The noble Viscount, Lord Younger, asked about fit note reform. It is not working, so through interventions such as WorkWell, we are testing different approaches to the role it can play as part of a joined-up work, health and skills system. He also asked about the right to try regulations; we aim to have those in place before April 2026. I hope that reassures him.
The noble Baroness, Lady Smith, asked about the position in Wales. Obviously, we published impact assessments that looked at Britain as a whole, because UC is reserved in Scotland and Wales, so the policies are not specific to a country—but I take her point. The Department for Communities in Northern Ireland has published detailed impact assessments as well. In response to her comments, we want to make sure that the positive changes in the Bill make a difference as far and wide as possible, but I stress again this Bill is only about the changes I have described so far. Some of our wider programmes are devolved and some are reserved, and we are absolutely committed to engaging closely with the devolved Governments to make sure we join those up, so that the benefits will spread across Wales as well as other parts of the United Kingdom.
I hope I have addressed as far as I can the points made about the impacts. On process, I know noble Lords do not like it being a money Bill. I am sure noble Lords know that this was not the Government’s decision. It was a decision made by the Speaker of the House of Commons, on the advice of the authorities. I can only say to noble Lords that if Governments chose to make Bills money Bills, I suspect in all cases we would see an awful lot more of them. But this was not the decision of this Government at all.
I cannot pick up all the points that were raised. Let me say that we have published impact assessments; we are confident that the Bill complies with the Equality Act 2010; and we have engaged, and will continue to engage, with disabled people and their organisations. To be clear about the process on the Timms review, we expect it to conclude by autumn of next year and we are absolutely committed that it will be co-produced with disabled people and others to ensure that a wide range of views and voices are heard. We have already started, and will engage widely over the summer, on the details of the process and co-production. The review is reporting to the Secretary of State, but she has committed to reporting its findings to Parliament, so they will be coming here.
I hope I have addressed as many of the points as I can in the limited amount of time. I want to say a couple of things. One is that I am not ashamed to be part of a Government who listen, even if people have to shout quite loudly. Sometimes, we have to find ways of listening as carefully as we can. One of my noble friends suggested that you legislate at haste and repent a leisure. Well, we have had plenty of time to reflect on how we shape this Bill in the first place and I am really happy with it.
However, I want to stress the Bill has two parts. The PIP discussions will carry on, in the context of the Timms review, but this half of the Bill is about reforming universal credit, and that is absolutely worth doing. It is a prize worth having and we have to carry on with it. I am really proud that we have been able to push ahead and look at these details. The real difference is going to be made in the lives of people on the ground, in their engagement with our work coaches, the various services we can provide and the programmes we refer them to. We are trying to invest in getting people’s lives to be better.
In the end, we have to hope. We acknowledge that there will be some people who will never be able to work, and they should be supported. But there are plenty of other people who could have the opportunity to work if we could give them the right support and make sure they had the confidence to try a job; if we can get employers to listen and to take them seriously, and to want to bring on people with a history; if we can provide them with the skills or health support they need. We are setting out to join up all those things. For far too long, they have been separate. We have to join up health with skills, education and social security. If we can do that, the prize is enormous.
I do not want to write off people at 18. I do not want to write off people who have been given benefits for 20 years but nobody comes near them to offer help—that is not how I want it to be. I have heard the concerns around the House from different quarters and from all directions, and I understand that people worry about this. I very much hope that when not only this Bill but the Government’s programme of reforms get under way, people will begin to see that we really can make a difference—and that is a prize worth having.