David Ruffley (Shadow Minister, Work & Pensions; Bury St Edmunds, Conservative)

I beg to move amendment No. 52, in clause 1, page 1, line 15, leave out ‘limited’ and insert ‘restricted’.

David Amess (Southend West, Conservative)

With this it will be convenient to discuss the following amendments: No. 183, in clause 1, page 1, line 15, leave out ‘limited capability for work’ and insert

‘labour market disadvantage related to physical or mental condition’.

No. 1, in clause 1, page 2, line 1, leave out ‘limited capability for work’ and insert ‘a labour market disadvantage’.

No. 205, in clause 1, page 2, line 1, leave out ‘limited’ and insert ‘restricted’.

No. 2, in clause 1, page 2, line 2, leave out paragraphs (a) and (b) and insert—

‘(a) the labour market disadvantage affecting such a person is related to his physical or mental condition, and

(b) the disadvantage is such that it is not reasonable to expect him to work.’.

No. 206, in clause 1, page 2, line 4, leave out ‘limitation’ and insert ‘restriction’.

No. 150, in clause 1, page 2, line 4, after second ‘to’, insert

‘be available for or actively seek work’.

No. 9, in clause 8, page 6, line 7, leave out from ‘whether’ to ‘him’ in line 9 and insert

‘the labour market disadvantage affecting a person, and related to his physical or mental condition, is such that it is not reasonable to expect.’.

No. 207, in clause 8, page 6, line 7, leave out ‘limited’ and insert ‘restricted’.

No. 208, in clause 8, page 6, line 8, leave out ‘limitation’ and insert ‘restriction’.

No. 14, in clause 8, page 6, line 24, leave out ‘limited capability for work’ and insert ‘a labour market disadvantage’.

No. 209, in clause 8, page 6, line 24, leave out ‘limited’ and insert ‘restricted’.

No. 15, in clause 8, page 6, line 25, after ‘examination’, insert ‘necessary to determine labour market disadvantage’.

No. 16, in clause 8, page 6, line 27, leave out ‘limited capability for work’, and insert ‘a labour market disadvantage’.

No. 210, in clause 8, page 6, line 27, leave out ‘limited’ and insert ‘restricted’.

No. 17, in clause 8, page 6, line 42, leave out ‘limited capability for work’, and insert ‘a labour market disadvantage’.

No. 211, in clause 8, page 6, line 42, leave out ‘limited’ and insert ‘restricted’.

No. 18, in clause 8, page 6, line 43, leave out ‘limited capability for work’, and insert ‘a labour market disadvantage’.

No. 212, in clause 8, page 6, line 43, leave out ‘limited’ and insert ‘restricted’.

No. 19, in clause 8, page 6, line 45, leave out ‘limited capability for work’, and insert ‘a labour market disadvantage’.

No. 213, in clause 8, page 6, line 45, leave out ‘limited’ and insert ‘restricted’.

No. 20, in clause 8, page 7, line 2, leave out ‘limited capability for work’, and insert ‘a labour market disadvantage’.

No. 214, in clause 8, page 7, line 2, leave out ‘limited’ and insert ‘restricted’.

No. 21, in clause 8, page 7, line 6, leave out ‘limited capability for work’, and insert ‘a labour market disadvantage’.

No. 215, in clause 8, page 7, line 6, leave out ‘limited’ and insert ‘restricted’.

No. 29, in clause 10, page 9, line 8, leave out ‘capability for work’ and insert ‘a labour market disadvantage’.

No. 30, in clause 10, page 9, line 9, leave out ‘capability for work’ and insert ‘a labour market disadvantage’.

No. 42, in clause 17, page 14, line 31, leave out ‘limited capability for work’ and insert ‘labour market disadvantage’.

No. 216, in clause 17, page 14, line 31, leave out ‘limited’ and insert ‘restricted’.

No. 43, in clause 17, page 14, line 32, leave out ‘limited capability for work’ and insert ‘labour market disadvantage’.

No. 217, in clause 17, page 14, line 32, leave out ‘limited’ and insert ‘restricted’.

No. 44, in clause 17, page 14, line 34, leave out ‘limited capability for work’ and insert ‘labour market disadvantage’.

No. 218, in clause 17, page 14, line 34, leave out ‘limited’ and insert ‘restricted’.

No. 46, in clause 21, page 16, leave out lines 38 and 39 and insert—

‘ “labour market disadvantage” shall be construed in accordance with section 2(5);’.

No. 219, in clause 21, page 16, line 38, leave out ‘limited’ and insert ‘restricted’.

No. 220, in clause 21, page 16, line 40, leave out ‘limited’ and insert ‘restricted’.

No. 47, in clause 21, page 16, line 42, leave out ‘limited capability for work’ and insert ‘labour market disadvantage’.

No. 221, in clause 21, page 16, line 42, leave out ‘limited’ and insert ‘restricted’.

David Ruffley (Shadow Minister, Work & Pensions; Bury St Edmunds, Conservative)

Thank you, Mr. Amess. That must be some kind of record.

The amendment relates to an important piece of language, on which the Government should be congratulated, as their approach is to get away from the notion of incapacity. In the 1990s, invalidity benefit was changed to incapacity benefit. In those days, which are not that long ago, it was seen as an advance; but to me, and to most of us in the 21st century, it seems a rather unfortunate phrase, which is not in tune with the times.

The question, however, is whether the phrase “limited capability for work”, which is an improvement, is necessarily the right one. In the spirit of probing, I wonder whether the word “restricted” might be better. I do not want to stray into semantics, nor do I want to take up the Committee’s time, but in the longer version of the Oxford English dictionary, “limited” is described as

“appointed; fixed; confined within definite limits”.

“Restricted” might therefore be an improvement, as it is described in the same volume as

“of a person; not allowed freedom of movement”.

There is a sense in which, if “restricted” is used, people are being limited, and not free to move. The reality is that if someone has a limited capability for work, they are not being written off, because the Bill makes it clear that if a person has a limited capability for work and draws the support element of the allowance, it is not the end of the story. It is explicit in the Bill and in what the Secretary of State said that there will be movement within the elements of the allowance.

We must be clear about the language: when I was considering amendments to the Bill, “limited capability” struck me as being not quite right. The concept is fine, and the emphasis on capability is tremendous; I am not talking about what people cannot do, but about what they can do.

I am drawn inevitably to the other amendments, but I shall not list all of them for fear of trying your patience, Mr. Amess. There are attractions in the  amendments that relate to “labour market disadvantage”, which I believe the Government will reject, but we need to explore the issue because it is important. It is not just about mental and physical conditions, which are mentioned in the amendments, being a limiting factor, but about labour market disadvantage. In that respect, we need to reflect on the debate among the many groups outside the House that are watching this Bill carefully. One thing that my hon. Friends and I—and Ministers, too—have picked up on is the fact that there is a demand side in the labour market—which is what the amendment refers to—and also a supply side. On the supply side, individuals are getting support. As we have heard, at least 1 million—probably more—out of the 2.7 million want to work. With the appropriate support, they are getting better and work ready.

What about the demand side? If the employees are not up for—to put it colloquially—employing those with limited capability or even severe disability, it does not matter how well they make themselves, what training they get, rehabilitation they do or support they get from Jobcentre Plus or third sector bodies. Therefore, the words “labour market disadvantage” in the amendment lead me inexorably, and I hope validly, for the purposes of this clause, to explore employment attitudes. One can have a limited capability if the employer does not take on disabled people even though they are work ready.

The Bill has great aims and ambitions and we want to try and ensure that the clauses work to deliver those policy objectives. However, has enough attention been given in the clause and elsewhere to encouraging employers to employ people with disabilities in the workplace? I am not suggesting for one second that this is an issue that Ministers have not thought about. They have; I have spoken to them. I know that this is a big issue. However, there does not yet appear to be enough on that in the Bill. That is why the “labour market disadvantage” amendment that we are speaking to is important.

There are some interesting statistics that I would like to share with the Committee. In 2005, the Chartered Institute of Personnel and Development took a large sample of employers drawn from all sectors. One in three employers responded that they deliberately excluded people with a history of long-term sickness or incapacity when recruiting staff. On the face of it, we all know that that looks like straightforward unlawful discrimination that would be covered in other Acts of Parliament and that deservedly should be stamped on. However, when it comes to people who have been on incapacity benefit—and, should it go through, the logic would apply to the new employment and support allowance—the picture is more complicated. Rather than being concerned about prospective employees’ health per se, many employers are concerned about the possibility that long-term claimants may lack up-to-date skills. They may have been on incapacity benefit for five years or even longer and lost the habit of working in a socialised work environment. Those were the findings of the CIPD, and 43 per cent. of the employers surveyed thought that long-term IB claimants would be less productive at work.

Recruitment conveys risk for any employer. They have the bottom line to worry about and they say—we know what the employers’ arguments are—that if the wrong person is hired, it can be costly to the whole enterprise. However, when we are looking at labour market disadvantage, it is not good enough in this day and age to say that employers’ attitudes do not matter or that we will just try and exhort them generally. We know that employers prefer to play safe, but that is not good enough.

The Royal National Institute of the Blind has also done research on this subject which shows that nine out of 10 employers thought that a blind or partially sighted person was either difficult or impossible to employ. It has said that the

“DWP needs to address evidence highlighted in Report no. 202 ‘Employers’ and service providers’ responses to the Disability Discrimination Act in 2003 and preparation for 2004 changes’ highlighting that nine out of ten employers think blind and partially sighted people are ‘difficult’ or ‘impossible’ to employ.”

The Department for Work and Pensions research report No. 139 on employers’ attitudes said that 37 per cent. of employers would take on people with mental health conditions, whereas 62 per cent. would take on physically disabled people. A poll commissioned by the Disability Rights Commission indicated that 25 per cent. of non-disabled people would not tell their employer if they acquired a disability or long-term health problem, for fear of dismissal—partly because of such attitudes, which will restrict a proper labour market for those with limited capabilities.

I support those findings—one goes out there, so one knows that that kind of thing goes on. Nevertheless, the CBI produced a survey that showed that 84 per cent. of firms now offer rehabilitation schemes to assist staff to return to work. However, the CBI also acknowledged that 35 per cent. of employers feel that they need more support from employees’ GPs, and/or want assistance with costs.

John Robertson (PPS (Dr Kim Howells, Minister of State), Foreign & Commonwealth Office; Glasgow North West, Labour)

I have listened to the hon. Gentleman’s comments on rehabilitation. I tried to introduce a ten-minute Bill on that subject. Does he agree that the Government need to consider people who become disabled through their work, rather than just considering disabled people in general, and that they have to legislate for that?

David Ruffley (Shadow Minister, Work & Pensions; Bury St Edmunds, Conservative)

The hon. Gentleman makes an important point. He and I have been speaking to the same outside groups, and briefings that I have received from them indicate that they are waiting with great anticipation for his contribution. I shall not pre-empt the argument for fear of being out of order and detaining the Committee on this clause, but we should debate the point.

If I may speak parenthetically, one of the issues that was flagged up in the Green Paper was on that point—reform of statutory sick pay and the issue of early intervention. Intervention at the early stage of a claim is absolutely right, but quite often the first two or three months of incapacity is not the first two or three months on incapacity benefit. Instead, it is the half year that a man or woman may have been on statutory  sick pay—not in the benefits system, not having made a claim, but at home, ill, still being an employee of the company at which he or she may have suffered an accident, or having fallen out of regular work. With the greatest respect to the Government, the Bill does not say enough about what should happen at that stage of rehabilitation and of early intervention, before the benefits system kicks in. The Opposition are looking at it and the current debate will enlighten both our thinking and everyone’s. I am glad that the hon. Gentleman made the point and I look forward to his later amendments.

I have heard the CBI case. However—this may interest the Committee or it may not, but I am interested in it—

John Penrose (Weston-Super-Mare, Conservative)

Tell us.

David Ruffley (Shadow Minister, Work & Pensions; Bury St Edmunds, Conservative)

I hear my hon. Friend say, “Tell us” from a sedentary position.

Anne McGuire (Parliamentary Under-Secretary (Disabled People), Department for Work and Pensions; Stirling, Labour)

He’ll do it anyway.

David Ruffley (Shadow Minister, Work & Pensions; Bury St Edmunds, Conservative)

The hon. Lady is entirely right—I shall. There was a time when Her Majesty’s Conservative Opposition would have been seen to give 100 per cent. support to those representing capitalism without any ifs or buts. That is not true now. I tabled amendments which sadly were not called as part of your selection, Mr. Chairman, but which would have been in this group had they been selected. They were on the need to take employers’ attitudes into account over and above mental and physical health conditions. A communication was sent to me which said that the amendments that I had tabled along with my hon. Friends the Members for South-West Surrey (Mr. Hunt) and for Daventry (Mr. Boswell) were unhelpful, because we were saying that employers’ attitudes and the labour market disadvantage point need to be taken into account when judging what is limited capability. That the CBI has described me as unhelpful is a badge of honour that I wear with pride. Those were the words it used. It said that Her Majesty’s loyal Opposition spokesman on the Bill had put down an unhelpful amendment.

If I am unhelpful, I am glad to say that I am in good company because amendments in the names of other Committee members could also be described as unhelpful, and no doubt many outside bodies which contributed to the amendments might also be seen as unhelpful. To coin a phrase, we are all in this together. We need to discuss labour market disadvantage because the demand side of the equation is tremendously important. That is jargon for, “Will employers change their attitudes? Will exhortation work? Must we do more than merely exhort?

John Penrose (Weston-Super-Mare, Conservative)

In the hope that I shall not prefigure anything that the Minister might be about to say, I reassure him that when I asked the Secretary of State in the Select Committee about the effect of employer attitudes, he became very eloquent—

David Amess (Southend West, Conservative)

Order. I think that I have been fairly generous. We have had a programme motion in which was discussed Second Reading, and we are now beginning to discuss amendments that have not been selected. I ask the Committee to return to the amendments that I have selected.

David Ruffley (Shadow Minister, Work & Pensions; Bury St Edmunds, Conservative)

I am most grateful, Mr. Amess.

On the attitude of employers, to which the group of amendments relates, implicitly if not expressly, Rethink and the Revolving Doors Agency have stressed that employers need more information, advice and training on best practice when employing people, particularly those with mental illnesses, which, as we have said, is one of the growing causes of incapacity, and “limited capability”—the phrase that we want to change.

A poll of small and medium-sized businesses published in October 2006, commissioned by the Disability Rights Commission, found that two thirds of those surveyed had no procedures in place for managing or assisting staff with mental health problems. I say parenthetically that both the Government and the Opposition always benefit from the work of the DRC—its findings are interesting and its surveys stimulating.

The survey indicated also that managers are more reluctant to provide workplace adjustments for new staff with a mental health condition than for existing employees with a physical one. When commenting on those findings, the chairman of the DRC said:

“We need to recognise that mental ill health is now operating as a badge of exclusion from the labour market in the same way that race and gender once did.”

“Market” is the important word there. The amendments make it clear that the labour market and the employer’s side of the deal are important. He continued:

“If the Government's welfare reform programme is to succeed it needs to tackle this lack of confidence among employers about recruiting staff who have a mental health condition.”

Having mentioned the CBI already, and pointed out that it called me unhelpful, I shall make a positive reference to some of the perfectly reasonable points that it made. Its director of human resources policy said that,

“many firms, particularly the smaller ones, need more guidance and advice on how they can help staff”.

The point is of course—we have to be fair—that many small and medium-sized employers simply do not have the resources required. They might have the good intention to be disability-facing and sensitive and to apply best practice to their businesses. However, because of their size and staff numbers, small businesses quite often do not have anyone to do human resources work. We must acknowledge that small employers have resources issues. That does not mean that we can let them ignore the need and the moral imperative to look more closely at recruiting those with disabilities, but we understand why it perhaps does not happen as much as it should in the small business sector.

Some of the concerns expressed at the time of the Green Paper made the point that I have made: there is a stigma that employers do not always acknowledge attached to people of limited capability. I quote Rethink’s response to the Green Paper:

“This is a clear market failure which needs to be addressed pro-actively by Government.”

Perhaps the Minister could respond to that at the end of the debate.

Rethink went on to say:

“Successful anti-stigma campaigns are running in Scotland and New Zealand, with significantly higher budgets than...work in England.

I am sure the Minister has seen this representation.

“The Scottish campaign has a budget nine times higher per head of the population than its English equivalent; the New Zealand campaign budget is 25 times higher...We believe that challenging employment discrimination forms an important part of work towards Objective IV of the DWP’s Public Service Agreement target, namely to further improve the rights of disabled people and remove barriers to their participation in society”

as well as in the labour market. The Government’s strategy unit

“recommended in 2005 that employers should lead a campaign on the business benefits of employing disabled people with input from DWP and DTI”.

That is a new point in the argument. It is not just that employers should consider recruiting and doing more to retain those with limited capabilities; I have made that point, as have the outside bodies. What about the business case—the positive, proactive reasons for taking on those with limited capability?

The strategy unit discussed the recommendations and the employer engagement project. Rethink said to me that it has not heard enough concrete Government plans on the matter. It said:

“There are specific initiatives that need to be undertaken in relation to employers.”

It gave some examples that we hope will help that labour market disadvantage to disappear or to be reduced:

“Application forms for employment now often ask whether a person has been detained under the Mental Health Act. Employers must be discouraged from asking this question of applicants...Aside from enabling employer-side discrimination, this practice also deters people with mental illness”

from applying for such jobs in the first place.

Rethink found:

“People with mental health problems have the highest ‘want to work rate’ but the lowest ‘in work rate’ of any disability group”

and cited 2003 Office for National Statistics figures to support that conclusion.

“It is conceivable that people will face continued rejection because of their health condition”

unless we all pay more attention to the labour market disadvantage.

The Sainsbury Centre for Mental Health has suggested Shift, a five-year initiative to tackle stigma and discrimination against people with mental health problems, as an example of a programme into which more investment might be channelled. Before the Minister, who is a decent and clever fellow, stands up to ask whether that is a Conservative party spending commitment, I shall say that it is not. It is just a question whether that project is properly resourced, and whether part of his budget might be vired across to support it. I do not know. That is one for Ministers, but I should like to hear more about it.

Dr. Peter Kenway, director of the New Policy Institute, pointed out that the Green Paper did not appear to consider the difficulties employers, especially small employers, would face in employing those with fluctuating conditions. I have already referred to the difficulties that small employers will have. The CBI pointed that out, too. I will not dwell on the subject of fluctuating conditions now because it will recur, not necessarily in clause after clause, but it will be a leitmotif for all of us throughout the Bill.

Dr. Kenway said that

“if one wants to get employers to take people on then one has got to look at who is risking what and whether there is a role for the state in mitigating those risks. That is particularly acute in the fluctuating health conditions.”

He pointed out that the Government and we as a country need to think more closely about that. I know that that work is being carried out inside the DWP.

We could touch on the issue of wage subsidies for employers, although I currently do not favour them. It is interesting to consider whether the Government should use public expenditure to develop a kind of in-work benefit, or financial in-work support to encourage those employers I have described who are not as keen on employing those with disability as they should be—

David Amess (Southend West, Conservative)

Order. The hon. Gentleman is engaging and entertaining the Committee but he is now stretching my patience just a little. He is going rather wide of the amendments I have selected.

David Ruffley (Shadow Minister, Work & Pensions; Bury St Edmunds, Conservative)

I accept your stricture, Mr. Amess. You said that I entertain. I hope that I also inform. That will be for others to judge. I had, coincidentally, come to the end of my remarks. I was merely suggesting that, in relation to labour market demand-side issues, I would not address subsidies from the Government to employers to encourage them to take on those with limited capabilities. It might be an issue for others. However, I would not want my remarks on labour market disadvantage and the nature of limited capability to pass without flagging up that there is a debate about Government intervention with wage subsidies. It does not attract me at present. I am not aware that it attracts the Minister. Nevertheless, it should be flagged up for the record. That said, I am happy not to go any wider. I commend amendment No. 52 to the Committee.

Danny Alexander (Shadow Minister and Disability Spokesperson, Work & Pensions; Inverness, Nairn, Badenoch & Strathspey, Liberal Democrat)

I would particularly like to speak to amendments Nos. 183, 1 and 150. I agree with many of the comments of the hon. Member for Bury St. Edmunds, although I found it instructive that he seemed to spend more time on the amendments that my hon. Friend and I tabled on the question of labour market disadvantage than on his amendment No. 52 which would insert the word “restricted”.

David Ruffley (Shadow Minister, Work & Pensions; Bury St Edmunds, Conservative)

That is somewhat churlish as I explained earlier that a similar amendment was on the amendment paper. I know the hon. Gentleman looks at these things. I am not saying that he is an anorak, but he certainly goes through clauses and amendments carefully. He will see that my hon. Friends and I tabled  an amendment referring to employers’ attitudes which, for whatever reason, in the infinite wisdom of the Chair, was not selected. As the record shows, we tabled amendments on exactly the point that I was making.

Danny Alexander (Shadow Minister and Disability Spokesperson, Work & Pensions; Inverness, Nairn, Badenoch & Strathspey, Liberal Democrat)

I am grateful for that intervention, which perhaps came a moment too soon, as I was about to say how grateful I was for the hon. Gentleman’s supportive remarks, especially about the concept of labour market disadvantage.

The amendment that would insert the term “labour market disadvantage” is fundamentally about the conceptual basis of the Bill. It would ensure that its approach is based on the social model of disability.

I shall put this important group of amendments in context. The social model of disability provides a valuable understanding from which to approach policy making, particularly as it relates to disabled people. A social model focuses attention on the barriers that policies must address in order that disabled people have the same life chances as non-disabled people. Of course, definitions are necessary. One reason for tabling the amendments was to stimulate a debate on the issues. We need to ensure that we have in the Bill a social model of disability that allows for clear decision making. The amendments, which introduce the concept of labour market disadvantage, would allow us to do that. By using different language from the words in the Bill, they would allow the barriers that people face to be considered from a different perspective.

As the hon. Member for Bury St. Edmunds said, the idea of limited capability for work is a step on from previous notions of incapacity or, if one goes back further, invalidity. The Government perhaps had that at the back of their minds in framing the new language in the Bill, but it does not go far enough. I would like the Minister when he responds to explain the term “limited capability for work” and to say why he believes that it is an improvement on the existing language relating to the incapacity benefit system.

Amendment No. 52 and the other amendments in the group proposed the word “restricted” rather than “limited”. The hon. Member for Bury St. Edmunds explained the thinking behind that, and it is a small step forward, but the amendments and the concept of limited capability for work still locate the problem with the individual and their impairment or condition rather than with the broader question of the barriers to entering the labour market that people face perhaps as a consequence of their impairment or condition. The issue is the conceptual basis of the Bill.

The hon. Gentleman also made the point that the barriers on individuals are frequently the result of employer attitudes, the principal reason why someone with a disability or conditional impairment is kept out of the labour market. I am seeking to introduce the concept of labour market disadvantage to ensure that the Bill focuses more on the barriers that people face as a result of the interaction between the individual and their environment. This is not just about individuals and their impairment or condition; it is about the barriers that they face as a result of how society is structured, and the attitudes of other people, particularly employers.

Tim Boswell (Shadow Minister, Work & Pensions; Daventry, Conservative)

I am glad to join the Committee, albeit somewhat belatedly, having risen from my sickbed. I do not wish in any way to gainsay the hon. Gentleman’s contribution, or that of my hon. Friend the Member for Bury St. Edmunds because I think we are marching along the same lines. However, would the hon. Gentleman not agree that, while I know what he was driving at, the concept of labour market disadvantage is a slippery one because, at any one time, that disadvantage may increase or be diminished beyond the ability to pick it up? For example, labour market conditions might change. The disadvantage may be more or less disadvantaging to the individual at any one time. That is a conceptual difficulty with his argument.

Danny Alexander (Shadow Minister and Disability Spokesperson, Work & Pensions; Inverness, Nairn, Badenoch & Strathspey, Liberal Democrat)

I am grateful for that intervention. I am glad to see that the hon. Gentleman has recovered from his sickbed and welcome him here. The problem with the Bill’s framework is that—the hon. Member for Bury St. Edmunds was making this point—it seems to be a supply-side approach that is about providing support for individuals to get ready for work.

It is at least theoretically possible that, if the pathways to work programme is a success and the intentions of this Bill are carried through, but nothing is done to tackle employers’ attitudes, the 2.6 million people currently on incapacity benefit—or a large number of them—who might be ready to enter work will still face barriers to entering the labour market as great as the ones they are facing today. It is important that the definition and concepts that we use in the Bill should not enable that to happen.

The concept of limited capability for work also runs the risk of limiting people’s expectations and diverting attention from the barriers that keep people out of work. A conflicting requirement will be created. They will need to demonstrate a limited capability to work through their capacity assessment, which will no doubt be debated later in the Committee’s proceedings, but also to enter into discussions—hopefully more positive ones—about their ability to undertake work-related activity.

The labour market disadvantage test allows a broader range of factors to be taken into account, through action planning and work-related activity. Therefore, putting the concept of labour market disadvantage at the heart of this Bill would ensure a positive and proactive approach to improving people’s employment chances. It would allow potential for identifying and addressing shared labour market disadvantages such as, for example, a lack of accessible transport or discrimination by employers in a particular locality. It would allow those broader strategic issues that are causing labour market disadvantage to people with disabilities, impairments or serious conditions in a particular locality to be identified and addressed during the process of action planning, which is part of the legislation of this Bill. In one part of the country, for example, there might be employers whose particularly negative attitudes to disabled people provide a serious labour market disadvantage to claimants seeking to return to work.

Introducing this concept into the Bill allows those issues to be identified and discussed and makes the employment and support allowance more consistent with the general direction of Government policy for  disabled people. I am sure that the Under-Secretary of State for Work and Pensions, the hon. Member for Stirling, will not wish to contradict the point made, for example, by the Prime Minister in his foreword to the strategy unit’s report “Improving the life chances for disabled people”:

“Barriers - in attitudes, the design of buildings and policies for example - still have to be overcome by disabled people, reducing their opportunities and preventing them from fulfilling their potential. Too many services are organised to suit providers rather than being personalised around the needs of disabled people.”

I am attempting to capture that concept in the amendments in order to promote the concept of labour market disadvantage. I heard the Under-Secretary of State make the point from a sedentary position that this language would make the Bill more consistent with the Disability Discrimination Act 1995 and that—she may wish to intervene to correct me—those matters relate directly to that Act. The amendments would partly help to make this Bill more consistent with the Disability Discrimination Act’s approach, focusing on impairments not to limit expectations but to identify reasonable adjustments that stop an impairment being disabling. That is what the Disability Discrimination Act does. The concept of labour market disadvantage would introduce the same approach into the Bill, which is why the point is such an important one.

It would also make the Bill more consistent with the legislation on working tax credit, particularly the disability element of working tax credit, which is based specifically on the concept of disadvantage in getting a job—a very similar concept to that of labour market disadvantage. The concept is used as a test of whether someone is entitled to the disability element of working tax credit.

The idea of limited capability for work is still somewhat behind the position in other pieces of legislation, so I hope that the Minister for Employment and Welfare Reform will welcome the amendments in his response. The Bill must be able to last many years and to stand the test of time, but it will not be able to do so without a conceptual basis such as that proposed in the amendments, and in future years secondary legislation will be limited by the Bill’s outdated basis. The Prime Minister’s strategy report, “Improving the life chances of disabled people”, promoted thinking about the social model of disability, and there is no doubt that that is the direction in which policy thinking on disabled people is going. Sticking to the slightly improved but outdated concept of limited capability for work will limit the ability of future regulations and amendments to address issues as they should be addressed.

I assume from the Minister’s countenance that the Government will oppose the amendments, but I encourage him to give further consideration to the limitations of the concept of limited capability for work as the conceptual basis for the employment and support allowance, and to think further about the possibility of introducing Government amendments, either on Report or later in Committee.

The hon. Member for Daventry made the point—I think that this is what he was alluding to—that the concept of labour market disadvantage is a broader one, which could lead to benefit being widened or to broader issues being taken into account in a way that the Bill does not envisage. However, the concept would allow a more positive focus for decisions on the ESA, and would allow major factors to be taken into account. That would more accurately reflect the conditions and barriers that current incapacity benefit recipients face in returning to work. That is my case on amendments Nos. 183 and 1.

Amendment No. 150 would insert the phrase

“be available for or actively seek work”.

It is a probing amendment that is intended to ensure that the conditions for the ESA are consistent with those for receiving jobseekers’ allowance. Jobseekers’ allowance requires the claimant to be available for work and actively seeking work. Will the Minister clarify whether the same dividing line applies for the employment and support allowance? The Bill does not define “work”, so limited capability for work is not defined either. The amendment would make it clear that people eligible for the employment and support allowance would be judged unable to meet the test for jobseekers’ allowance. It would make clear the dividing line between the two. Will the Minister clarify the Government’s intentions? The new personal capability assessment should not be intended to confirm that requiring a person to work is unreasonable, but to qualify the circumstances in which it is reasonable to require them to return to work.

The amendments relating to labour market disadvantage are sufficiently important that, subject to the Minister’s response, I shall seek to divide the Committee.

John Robertson (PPS (Dr Kim Howells, Minister of State), Foreign & Commonwealth Office; Glasgow North West, Labour)

On a point of order, Mr. Amess, are you going to permit a stand part debate or do you wish points to be made as part of the discussion on this extensive group of amendments?

David Amess (Southend West, Conservative)

That is a very good point of order and the answer is yes.

Kali Mountford (PPS (Rt Hon Des Browne, Secretary of State), Ministry of Defence; Colne Valley, Labour)

I do not want to labour any point so early in the proceedings, but I should like to mention something, since so much has been said about the labour market already and because there is a fundamental problem with at least one, if not all, the amendments—particularly amendment No. 183, which would replace the term “limited capability” with the concept of labour market disadvantage.

The idea of limited capability focuses our minds on the individual. It is intended that we work with individuals so we can look at the conditions that they inhabit and the ones that surround them. It is important to view “limited capability” as a holistic concept.

With regard to labour market disadvantage, I refer the Committee to a piece of work on older workers that I did when I worked in the then Department of Employment. The hon. Member for Daventry has already said that labour market conditions constantly change. I found that when unemployment was magnificently high a person could be considered old at 30 in Liverpool, for  example, where employment conditions were dreadful, yet they were only considered old at 50 in Yorkshire and not old at least until 55 in other parts of the country. That shows the vast range of conditions that can pertain at any time.

The hon. Member for Inverness, Nairn, Badenoch and Strathspey (Danny Alexander) feels that such information upholds his argument, but I think that it does the reverse, because it does not recognise that an individual in any marketplace may wish, in spite of market conditions, to enter a realm of work in which they feel that they could be capable. That means that we have to concentrate on the individual’s capacity for work so we can help them, rather than consider only market conditions. The prevailing market conditions will affect more, or fewer, people at different times.

Tim Boswell (Shadow Minister, Work & Pensions; Daventry, Conservative)

The hon. Lady has been kind enough to mention what I have already said. May I also declare an interest? In just over 12 months, I shall reach state pension age, so I must fit in the old category for the labour market.

I think that the hon. Lady may have a point about looking at individuals, particularly in relation to comments made by my hon. Friend the Member for Bury St. Edmunds on mental health. It is difficult to persuade employers not to treat the class of people with a mental health condition as all being potentially dangerous or troublesome. If it is necessary, they may take proper risk-assessment advice on the individuals whom it may not be suitable to employ, but they should not stigmatise all of them as if there were something that ruled them all out.

Kali Mountford (PPS (Rt Hon Des Browne, Secretary of State), Ministry of Defence; Colne Valley, Labour)

I absolutely agree with the hon. Gentleman. I was about to make that point. I do not think that the amendment meets that requirement. It would be far better to do what is necessary through considering how the Disability Discrimination Act 1995 can be properly used and also to work with other parts of the sector, such as the small business unit, which in my area works closely with employers on how they can comply with current legislation.

There is work to be done with employers. I could cite many disappointments with people who have tried to get into work and felt that they were going to be supported, only to find that the employers—sometimes big ones, such as local authorities—failed to provide proper working conditions. Such things have to be dealt with, but I do not think that it would be right to use the mechanism suggested in the amendments. It is far better to use the wording in the Bill, which focuses the mind on the individual’s conditions, so that we can work with them and get people on the pathways to work programme and deal with the other end of the argument.

Let us consider the broader outlook. At a later stage, as a 60-year-old, or older, former Member of Parliament, I might present myself in the marketplace but not be the sort of the person that everybody would want to employ. I would then be able to argue that my capacity for work had been limited because of the marketplace—I would have a marketplace disadvantage—but I do not think that that should be the aim of the Bill. People such as myself can stick up for themselves, but others cannot  always find a way into work and would not be able to cite my particular difficulty as theirs. I just think that the amendment is wrongly worded and does not focus our minds on the right issue.

Jeremy Hunt (Shadow Minister (the Disabled), Work & Pensions; South West Surrey, Conservative)

As this is the first time that I have spoken to the Committee, I am delighted to welcome you to the Chair, Mr. Amess. I have the honour of sharing a floor with you, and very often a lift, and I assure you that the jovial banter that we often share in the lift will not be repeated in this Committee where all due deference will be shown to you in your position.

We have had a good discussion this morning and, as so often, the debate over specific wording reflects a wider concern that all Opposition Committee members want to address—the question of the extent to which the Bill deals with employers’ prejudices in order to achieve its objectives of helping many more people to engage in the world of work who are currently unable to do so because of a disability.

The hon. Member for Inverness, Nairn, Badenoch and Strathspey said correctly that there is a disappointing focus on what is called in the disability world the “medical model” of disability that tries to identify a problem as a medical condition. I do not want to patronise the Government because I know that they are aware of this, but most disabled people do not want to be defined by their disability. Therefore, tackling employer prejudice is central to the success of the Bill.

I listened carefully to the hon. Member for Colne Valley (Kali Mountford) and I think that there would be a problem with simply relying on the DDA to deal with that issue, although I accept that it has the primary role. It would be difficult to rely entirely on it though because the kind of prejudice that we are talking about is difficult to trace. Prejudice in the recruitment of employees is often impossible to prove. An employer’s recruitment policy might say that they do not practise any kind of discrimination against disabled people, but in practice those hidden barriers exist in people’s minds. It is difficult to deal with that.

The Bill is an opportunity to address that situation. When speaking to organisations such as Remploy, which places people in work, it becomes clear that contact between employers and personal advisers can break down barriers. That will be rolled out and greatly increased by the scheme. It is important, therefore, that the Bill understands that an important role of advisers in the roll-out of pathways is to break down those barriers. That range of individual contacts is important.

It is important that we address another question: let us compare the phrase “limited capability for work” in subsection (3)(a) with the words “labour market disadvantage” in the Liberal Democrat spokesman’s amendment. The question is which is likely to have more claimants. I put it to the Committee that in practise, under either wording, the number of claimants is likely to be the same. We are not talking about a different group or number of eligible people.

Danny Alexander (Shadow Minister and Disability Spokesperson, Work & Pensions; Inverness, Nairn, Badenoch & Strathspey, Liberal Democrat)

I am grateful to the hon. Gentleman for drawing attention to clause 1, line 15 on page 1 of the Bill which reads:

“The basic conditions are that the claimant—

(a) has limited capability for work”.

Amendment No. 183 would amend that to refer to

“labour market disadvantage related to physical or mental condition”.

Therefore, the point that the hon. Gentleman just made about the number of people affected was correct. The earlier point about the potential for ex-MPs to be captured by the definition was somewhat beside the point.

Jeremy Hunt (Shadow Minister (the Disabled), Work & Pensions; South West Surrey, Conservative)

I am grateful for that response, but I want to say to the Government that the purpose of the amendments is to make sure that, as a result of the Bill, the Government give due focus on dealing with employer attitudes and prejudices. Whether we use a labour market disadvantage definition, or a restricted capability to work definition, let us hope that we make so much progress in eradicating discrimination that the person with a facial disfigurement will have no labour market disadvantage whatever in 20 years’ time. That is our aim. By going for the labour market disadvantage in due course, it is possible that fewer people would need the support of the package, because the Government, when implementing the Bill, would have made sufficient efforts to deal with employer prejudices.

Yesterday, I was at Capability Scotland. It has just carried out a survey showing that half the unemployed disabled people in Scotland say that they are unemployed because of discrimination by employers. It is interesting that the other half say that it is because they are worried about losing their benefit packages, a matter to which we shall return in later discussions. We are discussing a huge problem in connection with employer prejudices. We support the Bill because we regard it not simply as dealing with the problems of incapacity benefit, but as a huge opportunity to make the next step forward in inclusion for disabled people.

Proper involvement in the world of work is vital for progress on the independent living agenda. On that basis, we must think not only about helping people into the world of work who should work, but helping people into that world who could work. It is important to deal with the other side of the coin, which is employers’ prejudices and prejudices of fellow employees. If the Government reject the amendments, will the Minister please spell out how they propose to deal with the broader package of ways in which society and attitudes need to change, as well as the specific issue of how to give individual help to disabled people who need the package of support offered by the new employment and support allowance?

Wayne David (Caerphilly, Labour)

I have welcomed very much the tone of our discussion this morning. It has been positive and some good points have come to the fore. However, I was slightly worried about the fact that the hon. Member for Bury St. Edmunds had been described by the CBI as unhelpful. I was even more worried when he questioned the efficacy of capitalism.

David Ruffley (Shadow Minister, Work & Pensions; Bury St Edmunds, Conservative)

I was not doing that.

Wayne David (Caerphilly, Labour)

I note the length of the time that the hon. Gentleman took to deliver that riposte. The way in which things are going is clear. He tried to retrieve the situation a little by saying that the CBI agreed with some of his points. Movement has been far, but the question is how far?

Amendments Nos. 183 and 1 are important, but I have taken note of the argument of my hon. Friend the Member for Colne Valley. The Bill is focused on specifics and, although valid points might have been made, there is a danger of extending it too far. Many good issues have been raised about the attitudes of employers and the undoubted prejudice that exists among them, but I honestly do not believe that the Bill is the tool by which to address such issues. I have no doubt that the Government are dealing with those matters, so will the Minister explain some of the ways in which they are dealing with them? I suggest, too, that we must confront a broader cultural issue. We must not only focus on the Bill, but take on the perspective to which members of the Committee have referred. A number of pieces of legislation are being introduced.

My second point is about amendment No. 52, which would omit “limited” and insert “restricted”. I brought my Oxford dictionary with me this morning—

David Ruffley (Shadow Minister, Work & Pensions; Bury St Edmunds, Conservative)

It is not the long version.

Wayne David (Caerphilly, Labour)

Admittedly, it is only the concise version, but it is the new colour edition. The definition of “restrict” is given as “confined to certain limits”. Under “limit” it says “restrict or confine”. In other words, there is very little difference between the two. I suggest that in the rest of our discussions we focus on taking the argument forward and fleshing out some of the good ideas that have already been mentioned, rather than focusing on the semantic points made in the debate on the first amendment.

Jim Murphy (Minister of State (Work), Department for Work and Pensions; Renfrewshire East, Labour)

Thank you for the way in which you have conducted our proceedings this morning, Mr. Amess. You have allowed a breadth of arguments to be advanced on some relatively tightly drawn amendments. I congratulate you on allowing the debate to range on these matters.

After hearing at the start of the debate that we were seeking consensus, I was surprised to see that there were no less than 38 amendments to the first clause. The hon. Member for Bury St. Edmunds said that he has been damned by the CBI as being unhelpful. The Under-Secretary of State for Work and Pensions, my hon. Friend the Member for Stirling, said from a sedentary position, “Leave him to assess what he said when he was a special adviser at the Treasury,” when unemployment was at 3 million and all sorts of other things were happening in the 1990s.

David Ruffley (Shadow Minister, Work & Pensions; Bury St Edmunds, Conservative)

As far as my time as special adviser to my right hon. and learned friend the Member for Rushcliffe (Mr. Clarke) is concerned, we gave the hon. Gentleman’s Government a golden economic legacy of single-digit inflation and interest rates, the lowest unemployment rates in Europe and record inward investment and I am hugely proud of that record.

Jim Murphy (Minister of State (Work), Department for Work and Pensions; Renfrewshire East, Labour)

I know not to respond in too much detail to the hon. Gentleman’s points. He missed the fact that incapacity benefit levels had trebled, that one in three kids lived in poverty—

David Amess (Southend West, Conservative)

Order. I was too weak; I should have intervened immediately. The Minister knows that he has to respond to the amendment.

Jim Murphy (Minister of State (Work), Department for Work and Pensions; Renfrewshire East, Labour)

Mr. Amess, you would be right to chastise me if I said that one in five kids grew up in a household with no one in work, so I will not make that point.

I shall reply to the points that have been made, in quite a constructive way, on the amendments. At present, the incapacity benefit legislation uses the concept of incapacity for work as a key condition of entitlement to the benefit. Incapacity for work focuses on what people are unable to do; it is a central weakness of our current culture of benefit, which creates a negative impression or perception among those who are on the benefit.

There are 2.7 million people on incapacity benefit, which is a reduction in recent years. If the trend through the 1980s and the first part of the 1990s had continued, the challenge today would have been to give 4 million people, not 2.7 million, the chance to get back to work. Make no mistake, that was the trajectory that we inherited and it shows the scale of what has been achieved thus far. I frankly acknowledge that not enough has yet been done and that we need to do more to support people among that 2.7 million, and to get a net reduction of 1 million people off incapacity benefit over a decade.

David Ruffley (Shadow Minister, Work & Pensions; Bury St Edmunds, Conservative)

I was not going to raise this issue as I did not want to spoil the general tone of consensus, but on a technical point, the Minister made the point that the trends at the end of the 1990s were not very creditable.

Jim Murphy (Minister of State (Work), Department for Work and Pensions; Renfrewshire East, Labour)

Disgraceful.

David Ruffley (Shadow Minister, Work & Pensions; Bury St Edmunds, Conservative)

The Minister says, “Disgraceful”, but he is talking about trends. For the record, even if the Bill does not perform as well as we all hope it will, by 2016—the end of the target period for reducing the 2.7 million by 1 million—the figure will be 2.36 million anyway. That is according to a parliamentary answer that the Under-Secretary of State for Work and Pensions gave me.

The Secretary of State told the Select Committee at the beginning of March that his aim was to get the figure down from 2.7 million to 1.7 million. Without any policy change in the Bill, the Government have already made great progress towards the target of 1.7 million. It will be 2.36 million anyway, on the estimates that the hon. Lady published for on-flow and off-flow. We hope that the 1 million target is hit. We are all behind it, but let us also recognise that 340,000 of it will be hit anyway by natural on-flows and off-flows. Those are the Government’s figures and there is a natural downward trend. I end my intervention on the point that the Minister raises about trends.

Jim Murphy (Minister of State (Work), Department for Work and Pensions; Renfrewshire East, Labour)

There is an awful lot in what the hon. Gentleman said. He said that we are seeking over a decade to reduce the number of people on incapacity benefit by 1 million. Some say that target is not achievable. I simply offer the observation that if the previous Government could increase it by 1 million over a decade, we can decrease it over the same period.

Of course, there has been remarkable recent improvement, but not far enough. Part of it is because of the labour market interventions and part of it is through the new deal and pathways. What if we settle simply for what has been achieved thus far? As the hon. Gentleman mentioned in his reasonable introductory remarks, the growing trend in fluctuating mental health conditions is a major contributory factor for people now coming on to incapacity benefit. If we do not intervene and offer support to those folk, these figures will grow again, because of the 40 per cent. coming on with a fluctuating mental health condition and the change in the gender profile of people coming on to incapacity benefit. Previously, we understood it to be part of an industrial legacy from some of the traditional heavy industrial areas of the United Kingdom. But that pattern has changed over time.

To return to the point raised specifically in the amendment, with employment and support allowance we want to move away from the creation of a negative perception of incapacity. We want to move away from labelling anyone as incapable. We want to move towards looking at what people can do, as well as what they cannot do, given their illness or disability. We also want to assess entitlement to the benefit in a neutral way, avoiding writing people off because they have demonstrated that there are things they cannot do.

Demonstrating “limited capability for work” is a fundamental condition of entitlement to the new employment and support allowance. By using “limited capability for work”, we are making it clear that we accept that customers, citizens and clients have identifiable and measurable limitations on their ability to carry out various activities. Having identified the extent of those limitations, we acknowledge that at a certain level of limitation, it is unreasonable to require these people to work, or to undertake work-related activity, depending on the outcome of the reformed personal capability allowance.

Turning to the comments of the hon. Member for Inverness, Badenoch and Strathspey—[Hon. Members: “ And Nairn.”] Of course, having been to Nairn I know what an important omission that would be. I can confirm that this is not jobseeker’s allowance by another name. No one will be sanctioned, encouraged or told to find work. It is about supporting people to have the opportunity to build their confidence, regain their skills and undertake work-related activity if that is appropriate. The benefit for people who need to be actively seeking employment is jobseeker’s allowance and will remain so.

The process of demonstrating limited capability for work recognises an entitlement to the support provided by the ESA but avoids labelling people as incapable or writing off their ability to work if future help and support are provided to get them closer to the labour market.

When identifying the most appropriate way of expressing the concept behind entitlement to ESA, we considered the various principles that we needed to incorporate in order to find the right way to distil the concept into wording. The words “limited capability for work” reflect that extensive consideration and discussion. We are satisfied that the word “limited” reflects most accurately the principles we want to capture for employment and support allowance. In particular, we observe that “limited” is a neutral phrase and simply states that on a spectrum of ability to carry out an activity, there is an identifiable point at which a person finds it more difficult to carry out that activity. It does not label someone as incapable of carrying out that activity, nor does it imply that the difficulty is permanent.

Jeremy Hunt (Shadow Minister (the Disabled), Work & Pensions; South West Surrey, Conservative)

Does the Minister not accept that one of the things that can limit people’s capability to work is the attitude of other people, particularly employers?

Jim Murphy (Minister of State (Work), Department for Work and Pensions; Renfrewshire East, Labour)

The hon. Gentleman is right. It is not just the attitude of employers but of fellow employees, people on the bus on the way to work, the person they buy a newspaper from in the newsagent’s on the way, neighbours and people who walk by in the street. Of course society’s attitudes impact the rehabilitation and confidence of people with a disability, particularly those with a fluctuating mental health condition, as well as their self-perception and ability to enter the labour market and play a wider role in society. I shall make a few comments about that. The hon. Member for Bury St. Edmunds asked about employer engagement.

Danny Alexander (Shadow Minister and Disability Spokesperson, Work & Pensions; Inverness, Nairn, Badenoch & Strathspey, Liberal Democrat)

The Minister makes a point about decision making through the PCA. Does he not accept that the concept in amendment No. 183—labour market disadvantage related to physical or mental condition—captures that broader point but would still allow decision making to take place through the PCA as envisaged?

Jim Murphy (Minister of State (Work), Department for Work and Pensions; Renfrewshire East, Labour)

I shall come to that in a moment, once I deal with the point raised by the hon. Member for Bury St. Edmunds. He made a quite well-informed speech and raised a number of important issues.

David Ruffley (Shadow Minister, Work & Pensions; Bury St Edmunds, Conservative)

Don’t sound so surprised.

Jim Murphy (Minister of State (Work), Department for Work and Pensions; Renfrewshire East, Labour)

Well, I am not sure I will become used to it. The hon. Gentleman made an informed speech and raised a number of genuinely important points relating to employers’ attitudes. However, what he did—it is a trend among Opposition Front-Bench spokespeople at the moment—was to raise a concern and offer no prognosis: “I share this concern; here is something that needs to be addressed”, full stop.

Jeremy Hunt (Shadow Minister (the Disabled), Work & Pensions; South West Surrey, Conservative)

Is not tabling amendments a practical way of showing a prognosis or making suggestions to deal with the issues?

Jim Murphy (Minister of State (Work), Department for Work and Pensions; Renfrewshire East, Labour)

The hon. Member for Bury St. Edmunds mentioned rehabilitation leave and said, “Let’s have a debate about that,” without offering a view on whether the Conservatives support it.

David Ruffley (Shadow Minister, Work & Pensions; Bury St Edmunds, Conservative)

I said that I hoped that we would have a debate, that the Conservatives would be expressing our views on that and all the resource implications and that we must have a grown-up debate about it later in Committee. I do not want the Minister to leave people with the impression that we will not make our position clear when the clauses relating to rehabilitation leave are debated.

Jim Murphy (Minister of State (Work), Department for Work and Pensions; Renfrewshire East, Labour)

That is very helpful, but the hon. Gentleman also made observations about statutory sick pay, anti-stigma campaigns and a series of other issues without offering a specific prognosis.

Jeremy Hunt (Shadow Minister (the Disabled), Work & Pensions; South West Surrey, Conservative)

I wonder whether the Minister would agree that although he may say that it is a trend for Opposition politicians to talk about a problem without offering a prognosis, it has also become a trend for Ministers to spend most of their speeches talking about Conservative policies rather than addressing their own, which people are interested to hear.

Jim Murphy (Minister of State (Work), Department for Work and Pensions; Renfrewshire East, Labour)

Conservative spokespeople do not talk about Conservative policies, on the basis that there are very few that I have identified.

Mr. Ruffleyrose—

Jim Murphy (Minister of State (Work), Department for Work and Pensions; Renfrewshire East, Labour)

I wish to make some progress. To be fair, the hon. Gentleman opposed one policy, but it was the one policy that we were in favour of. That policy is about supporting people financially to make the transition into work more effective and extending the return-to-work credits for a full year. Of course, that measure will be means-tested for those going into the lowest-paid work, but it will encourage the transition into work and genuinely make work pay for people who have been out of work for prolonged periods on incapacity benefit or on employment and support allowance. We are committed to the concept and the specifics of committing public funds to support the alleviation of in-work poverty for those coming off incapacity benefit and the employment and support allowance.

Engagement with employers is essential, because in the main the Government do not create jobs. Most jobs are created in the private sector. That is the underpinning philosophy that we have to consider in our approach to the Bill. Additionally, we also have to acknowledge the important fact that the public sector—government, the health service, and other public agencies—is also an employer. It would be wrong, looking towards 2008, if we seek to compel private sector businesses to do something that we do not already do ourselves. That is an important challenge for public sector employers.

Tim Boswell (Shadow Minister, Work & Pensions; Daventry, Conservative)

I just could not believe my ears when the Minister of State asserted that the Government were committed to increasing jobs in the private sector, which I concede is so, but appeared not to be interested in promoting jobs in the public sector. The number of people directly employed by the public sector has increased by some 300,000 since 1997. Is he repudiating those past moves or is he now saying that the Government have learned from them and will not repeat them?

Jim Murphy (Minister of State (Work), Department for Work and Pensions; Renfrewshire East, Labour)

The figures show that there are almost 29 million people in employment in this country, which is a record under any Government, and is 2.5 million more than in 1997. Of course, there has been an increase in the public sector, but that is dwarfed by the increase in the number of people now in employment outside the public sector. I know the hon. Gentleman to be a fair man, and I think that he would acknowledge that.

Danny Alexander (Shadow Minister and Disability Spokesperson, Work & Pensions; Inverness, Nairn, Badenoch & Strathspey, Liberal Democrat)

The Minister makes an important point about the need for Departments and public sector bodies to play a role fairly in employing people currently on incapacity benefit and disabled people. Does he acknowledge that the Government have a great deal more to do in this area? I draw his attention to a written answer to me from the Under-Secretary of State for Work and Pensions, the hon. Member for Stirling, which shows that the proportion of staff in the Department for Work and Pensions who are defined as disabled has fallen from 5.99 per cent. to 5.26 per cent. over a six-year period. Is that not an indication of how far the Government have to go to ensure that their own house is in order?

Jim Murphy (Minister of State (Work), Department for Work and Pensions; Renfrewshire East, Labour)

The hon. Gentleman makes an important point, which I had already made, which is that the public sector, including government, public agencies, non-departmental and other public bodies—all sorts of public sector organisations—also have to see what more they can do to support the Government’s agenda and the wider agenda in respect of supporting people to come off employment and support allowance and into active employment by 2008. The Government should not encourage others to do what we are not willing to do ourselves by 2008.

The details of our relationship and conversation with employers, and what more we can do, are set out in our health, work and well-being strategy, which has been published. We should be supporting people while they get into work. As we know and as hon. Members have already said, people journey from being active in the labour market, through a period of depression, illness, intermittent or long-term absence, to statutory sick pay and everything else that goes with that. We have to be a lot more proactive with employers. Many employers are comfortable with and proactive on this agenda, but the last point of intervention in the welfare system and working with employers should be when someone reports for benefit. Currently, that is the first point of intervention.

There is a huge amount of work to do with employers. We are discussing with employers in great detail the most effective way to improve support at work, including occupational therapies and removing stigma in the workplace among employers and employees.

We have options for encouraging a change in attitude, although there have been changes already—we all acknowledge that there have been improvements over recent years. There has been a 10 per cent. improvement in the employment rate of those with declared disabilities, but that is not enough; it is an improvement, but we must go further.

The best people to encourage employers are not the Government, but other employers with positive experiences of employing someone with a disability and of those people’s sheer determination. That is a more effective  way in which to achieve success on that agenda, and we are discussing with major employers the most effective way in which to do that. We want an employer-led publicity campaign on best practice based on their own experiences. Some employers said that to be frank they felt they had taken a slight risk—their words, not mine—but that they were glad that they had. Allowing them to share that experience with others is a more effective approach than leaving the Government to do it by themselves.

Jeremy Hunt (Shadow Minister (the Disabled), Work & Pensions; South West Surrey, Conservative)

Does the Minister share my concern that some of the employers who have shown best practice in that area, such as BT, Asda and Royal Mail, are quite open in saying that what drove them to develop a more progressive policy towards employing disabled people were labour market shortages and that their inability to fill places in their own work force with non-disabled people led them to look at the pool of disabled people? When they did that, they found that disabled people are often more loyal employees, and more profitable to employ. In particular, BT found that it saved a huge amount in recruitment costs.

In a labour market where unemployment is rising and with the prospect of many more people coming to the UK from the EU accession countries, is the Minister concerned that that engine for promoting the employment of disabled people might no longer exist?

Jim Murphy (Minister of State (Work), Department for Work and Pensions; Renfrewshire East, Labour)

Various employers across the country have employed people from all sorts of backgrounds and with fluctuating mental and physical health for reasons important to their local labour market, values, market strategies and the way in which they run their businesses. The hon. Gentleman mentioned a few, but there are many others. There is a good number of them—I shall not name check any of them now because it would be unfair not to name check them all. However, at a later date, if time allows—I know that we have only 16 sittings—perhaps the Committee will allow me to go through all those that we engage with on a regular basis.

Of course, there are pressures, such as the skills base. I am not talking just about the skills gap in constituencies in south Wales, central Scotland, the north-east and north-west—it is significant in some of those places—where people, predominantly men, are out of work for prolonged periods because of the decline in traditional industries. In the world of information technology, the pace of change is so quick that if some one is out of work for three, six or nine months, or a year, their skills become stale and their confidence is knocked. The skills base and the individual skills of everyone on incapacity benefit and the employment and support allowance are important factors in employability. That is why Sandy Leach’s skills review is important.

I shall make briefly another point about wider engagement. The work of general practitioners and other health professionals is important. As we know, for too long, in many cases, GPs have prescribed pills, tablets and medication when condition management and part-time or voluntary work might have been more appropriate. That default position—time off work being considered the best solution in such circumstances—is becoming increasingly a thing of the past. However, we need to go further to ensure that GPs are engaged in that issue.

I turn to the points on labour market disadvantage made by the hon. Member for Inverness, Nairn, Badenoch and Strathspey. He is right: we do not intend to accept his amendments, and I shall explain why. There is a superficial attraction to them, and the hon. Gentleman put the case for them thoughtfully. However, they would undermine two key principles behind the employment and support allowance: first that it is based objectively on functional limitations assessed through the PCA, and secondly that it is defined nationally and consistently. As the hon. Gentleman said, and as interventions made by my hon. Friend the Member for Colne Valley and others have shown, people are disadvantaged in the labour market by a wide range of factors. In introducing the new benefit we are aiming for national consistency based on an objective assessment of functional limitations.

Skills have an impact on labour market disadvantage, as do personal experience, transport and national employment rates. To have different entitlements based on different transport conditions in different towns, or even within the same town or the same street, or based on labour markets in different nations or cities of the United Kingdom or within cities, would lead to enormous inconsistency and uncertainty. Even if such observation and measurement were desirable—I do not agree with the assessment that it is—it would be hopelessly complicated and unworkable.

Labour market disadvantage is caused by a myriad ever-changing circumstances, such as local redundancies or a change to a local bus route. There can be so many such circumstances that to set in statute provisions based on that continually fluctuating labour market would remove the consistency that many on employment support allowance would value. It would also create a design challenge that would be undeliverable: a benefit entitlement changing from year to year, month to month, week to week or even day to day, based on happenings in a person’s locality. It would undermine the principles of the ESA.

Kali Mountford (PPS (Rt Hon Des Browne, Secretary of State), Ministry of Defence; Colne Valley, Labour)

I am listening carefully to my hon. Friend. Does he agree that we need to guard against a counsel of despair and the idea that there is nothing that an individual can do to change their circumstances, because market conditions are such that they can never enter work? Instead of looking at what they can do, such a person might always think, because of market disadvantage, “There is no hope for me.” Such a counsel of despair is a situation that I do not want.

Jim Murphy (Minister of State (Work), Department for Work and Pensions; Renfrewshire East, Labour)

My hon. Friend is typically accurate. We are moving away from negative labelling, and we have discussed whether we are going far enough in emphasising the positive nature of what people can contribute. Either as constituency Members of Parliament or in preparation for the Bill, we have all met people and listened to their work aspirations. To reintroduce a test of disadvantage based on negativity, on top of everything else in the Bill, would be entirely wrong even if it were practically achievable.

Jeremy Hunt (Shadow Minister (the Disabled), Work & Pensions; South West Surrey, Conservative)

Is not the Minister contradicting himself? Earlier, in response to my intervention, he agreed that limited capability for work could include limitations by  factors such as employers’ attitudes. Those factors vary between areas of the country and types of employment, so there are inevitably variations in capability for work. If the phrase “limited capability for work” can include the attitudes of others, as the Minister said to me earlier, is that not the same variable that the Liberal Democrat amendment covers?

Jim Murphy (Minister of State (Work), Department for Work and Pensions; Renfrewshire East, Labour)

Not at all, and I would be interested to hear from any Opposition Member who believes that the suggestion is workable, even if it is desirable. Limited capability for work will be determined through the renewed and modernised PCA and the work-focused health-related assessment. We want that to be the neutral and objective process for gaining entitlement to ESA in future.

We know that there are wider circumstances that affect people’s ability to enter the labour market. However, for the legislation to say that that labour market disadvantage—with all the different factors that feed into it—should accompany the PCA as a way of assessing benefit entitlement would be unworkable and would reintroduce negativity. The hon. Member for Inverness, Nairn, Badenoch and Strathspey did not even attempt to explain how it would work in practice. I hope that he will not press his amendments, but if he is minded to do so, I shall encourage my hon. Friends to oppose them on the basis that they are unnecessary and entirely unworkable in practice, and that they would constitute a return to negativity.

David Ruffley (Shadow Minister, Work & Pensions; Bury St Edmunds, Conservative)

We have had an interesting debate, Mr. Chairman, and you have been very generous in allowing Opposition Members to range widely, so I shall not take up more time. However, the Opposition may wish to press the amendments in my name—amendment No. 52 and the related amendments Nos. 205 and 206—to a vote. I understand the arguments that the Minister has evinced on why he does not wish to accept them. Nevertheless, we may wish to press the amendments to improve the definitions in the Bill.

John Robertson (PPS (Dr Kim Howells, Minister of State), Foreign & Commonwealth Office; Glasgow North West, Labour)

I welcome you to the Chair, Mr. Amess. I have been in several Committees that you have chaired and I know that you are always more than fair to those of us who sit on the Back Benches.

I am looking for clarification from the Minister on clause 1(3)(e), which is associated with paragraph 5 of schedule 3 and concerns the effect of income-related allowances on the disability premium. I seek clarification as to how claimants of the ESA who qualify for the disability premium of income support by other routes will be able to receive the premium during the assessment phase. I also seek clarification on how sick or disabled claimants who claim benefit on the basis of a status other than being incapable of work—for example, lone parents or carers—will continue to be able to receive the disability premium in income support without having to claim ESA.

The terms of clause 1(3)(e) and paragraph 5 of schedule 3 would seem to set up a strict demarcation between those entitled to income support and those entitled to the ESA. If that is right, it suggests that the person will no longer be able to qualify for the disability premium in her or his income support on account of their having a limited capability for work, as it would seem that the determination of that issue lies exclusively within the ESA, and so the determination of whether a person has such a limited capability to work will arise only if she or he makes a claim for ESA.

However, a significant number of people qualify for income support by a route other than their capability for work, such as carers and lone parents. They are also incapable of work—or, in the ESA language, will have limited capability for work—and so qualify for the disability premium in their income support. Under clause 1(3)(e) and paragraph 5 of schedule 3, it is unclear how such a person will access the disability premium. If the answer is that the person can access the disability premium only by claiming the ESA and being found to have a limited capability for work, those lone parents and carers would have to make themselves subject to the conditionality regime under the ESA, which I understand is not the intention.

On the other hand, if it is intended that lone parents or carers who also have a limited capability for work will be able to qualify for the disability premium in their income support, we are unclear as to how clause 1(3)(e) will enable that to be achieved. The disability premium is an important contribution towards meeting the cost of disability. The proposal in the Green Paper is to incorporate it into the main phase of the ESA, but it is unclear where that leaves the claimants referred to above. The high levels of poverty among disabled persons indicate that benefit levels are inadequate at present. Any restriction on the availability of the disability premium can only worsen that situation.

Tim Boswell (Shadow Minister, Work & Pensions; Daventry, Conservative)

On my first formal excursion into the Bill, may I welcome you to the Chair, Mr. Amess? It is already clear that we will enjoy the process of discussing a Bill that enjoys a high degree of consensus in all parts of the Room, but which also contains areas of detail that need exploration.

Somewhere in the back of my mind is a reference to a work called “Seven Kinds of Ambiguity” and, for the avoidance of doubt—as the lawyers, of which I am not  one, would say—I should point out that I am on the Front Bench for the purposes of anything that I say, although I am on the Back Bench geographically, which is a matter of convenience and might also have something to do with the temporary avoidance of contagion.

I want to add some remarks to the admirable points that my colleagues have made. The first is to emphasise the cardinal importance of employer engagement. Indeed, the Minister has spoken about that issue, and there is no real contention between us. However, we all need to remember that the proposals will not work substantially unless somebody is prepared to employ the people concerned. If we believe, as many of us do passionately, that there is a strong business case for the involvement of disabled people—they are beneficial to business, being a profit centre, not a cost centre, if I may put it that way—it is important to persuade employers of that case.

One of the main ways in which the Government can do that directly is through their own activities in the public sector. It is fair to say that those have been patchy, and as the hon. Member for Inverness, Nairn, Badenoch and Strathspey, who speaks for the Liberal Democrats, reminded us, there are some rather disturbing figures. Indeed, I tabled a question some years ago asking which Departments were members of the admirable Employers Forum on Disability. We found that a number, including the Minister’s own Department, were, that others were not, and that one or two clearly did not know whether they were or not. I make the serious point, however, that the public sector can properly give a lead on this issue, although I would not like it to be seen as detracting from the importance of involving small and medium-sized enterprises as well. Special considerations could conceivably apply, particularly in relation to mental ill health, and they must be discussed in a sensible and balanced way. I therefore want to hammer home the importance of employer engagement at all points in this Bill and to make the point that engagement is good for employers, claimants and the national interest.

Those who broadly support the Bill should sometimes stand back from it, and my second point relates to the great importance of communication. On revisiting the clause, it occurred to me that the average claimant is unlikely to find this benefit particularly easy to understand. I make no cheap trick about that, because the clause is drafted in legal form, as it must be; indeed, it is rather better drafted than many of the bits of legislation that the Government serve up to Committees, so I have no problem in that regard. However, this is a multiple benefit, with an income-related element and a contributory element. It will be paid at different rates in the holding period, and there will also be the issue of whether there is an employment allowance or a support allowance, so matters will be extremely complicated. In some cases—I will speak to them when we reach a later clause on advance payments—people might receive an award under a set of conditions that does not apply until they reach a qualifying date, so there might be further scope for confusion there.

All that I am saying to the Minister, in all seriousness, is that if we need algorithms and diagrams to explain  more or less what is going on—and I am pleased to see them, because I always like explanatory clauses—how much more will the average claimant need? I do not say for a moment that the Department and its officers are not committed to this process, but I would very much welcome it if the Minister spent a moment or two at least giving the Committee the assurance that the issue will be actively handled and that every effort will be made to improve the way in which matters are communicated to people—perhaps using colour-coding or whatever other variants and modern techniques there are. We need to remember—we will need to return to this throughout the Committee—that many of the people we are talking about are vulnerable and possibly demotivated and that they have not seen what they could do. We are trying to emphasise their potential, and we need to make a positive case at all stages for encouraging them to achieve what they are capable of. Frankly—I know that this is a throwaway, and we all do this ourselves—we do not want to add the need to grumble about a load of paperwork to the other problems that people face when trying to obtain entry to employment.

I saw the Minister nodding through that, but I thought that somebody needed to say it. I feel very strongly that that approach should inform everything that we do in this Committee and that it should inform not only what the rules are, but how they are explained to people in a way that is helpful to them and which in no way diminishes their enthusiasm for returning to the labour market.

Jeremy Hunt (Shadow Minister (the Disabled), Work & Pensions; South West Surrey, Conservative)

I want to point to three areas in which there is a lack of clarity and I should be grateful if the Minister would address them.

First, we had a good discussion about the importance of involving employers in the process. The Minister’s view was that the best people to persuade employers are other employers, but like other Opposition Members, I was thinking of something broader than just a marketing campaign by one group of employers to another. We are really talking about a fundamental change in employers’ attitudes. I suggest to the Minister that the best way to get that is to recognise that the Government are the largest single employer. Given that 1.3 million people are employed in the national health service alone, there is a huge opportunity to transform attitudes to employing disabled people by improving the practice of Government. I do not just want Government to say that they do not want to impose on the private sector and employers what they are not prepared to do themselves. They should say that they want the Government sector to blaze a trail with its far-sighted attitudes to the employment of disabled people.

Tim Boswell (Shadow Minister, Work & Pensions; Daventry, Conservative)

I strongly endorse my hon. Friend’s remarks. Does he not agree that it would be helpful to involve Members of Parliament from all parties in local activities in this area, as Government sometimes do? I am going to see a pathways to work project in Derby on Friday, and there is a wonderful opportunity to show engagement by using people on the projects and by being seen as a beacon for other employers in that regard.

Jeremy Hunt (Shadow Minister (the Disabled), Work & Pensions; South West Surrey, Conservative)

My hon. Friend makes an excellent point. I am sure that the Minister has had similar feedback, but advisers often say to us that, in respect of employment, it is harder to place people in the public sector than in the private sector. That is not meant as a swipe at the Government in any way. The reality is that the public sector often has the best policies on paper for the recruitment of disabled people, but in practice their implementation can be bureaucratic, whereas the private sector’s policies are often not as good on paper, but managers are willing to be flexible when faced with a situation of employing a particular disabled person. The Government could do much by leading by example, and I would welcome the Minister saying that he sees the Government playing a positive role by transforming their policies on the employment of disabled people.

There is confusion about whether the Government accept the validity of the social model as opposed to the medical model. The Minister said that he accepted that people’s capability for work can be limited by the attitudes of others but, at another point in the debate, he said that he wanted the test to be purely objective and that he therefore would not want it to take into account the attitudes or prejudices of others. We need more clarity.

Will the Minister inform me about something else? I do not understand subsection (3)(e), which says that the basic conditions include that the claimant

“is not entitled to income support”.

I understand that one is entitled to it if one is: a lone parent; registered sick or disabled; a student and either a lone parent or disabled; or one is caring for someone who is sick and elderly and one does not have a certain threshold of savings. Some disabled groups have told me that, on the face of it, the provision would seem to exclude many disabled people from being eligible for ESA because they fall into the categories of being lone parents or carers who have income below the thresholds that are required. I would be grateful if the Minister would clarify that point. I am sure that he does not intend to exclude large numbers of people by the wording, but it would seem to do that.

Danny Alexander (Shadow Minister and Disability Spokesperson, Work & Pensions; Inverness, Nairn, Badenoch & Strathspey, Liberal Democrat)

I associate myself with the remarks made by the hon. Member for Glasgow, North-West (John Robertson). He made points about probing the potentially complex interactions between ESA and other benefits, particularly as they relate to lone parents, carers and so on. That is an important issue, and I look forward to the Minister’s clarification of the intentions.

Some broader issues about the complexity of this benefit need to be drawn out a little. In the Green Paper, the Government made it clear that they thought that there was a possibility of further simplification of this aspect of the benefits system in future, in particular by an idea that I think well worthy of a further debate in relation to where we go next after this: moving to some sort of single working age benefit to create a much greater degree of simplicity in the benefits system. The Green Paper suggested that that idea might be considered. I should be grateful if the Minister could enlighten us whether the Government wish to look at that. I hate to prejudge matters, but if  the Bill were passed, is that a direction in which he believes that policy could go next?

Short-term issues are also involved in the complexity of the system that remains under the Bill, as the hon. Member for Daventry said when he referred to graphs, charts and the explanatory notes. Explaining to current benefit recipients how the new benefit will work and how it will differ from the existing benefit will be complicated, not least because it is now the Government’s intention, when the new system is in place, to migrate all existing claimants to the new benefit. Will the Minister provide a little more enlightenment about how the Government intend to go about migrating all existing claimants to the new benefit? What does he regard as the timetable for such a process? What process of education and information does he envisage being undertaken?

David Ruffley (Shadow Minister, Work & Pensions; Bury St Edmunds, Conservative)

I do not wish to assume the post of the Minister for Employment and Welfare Reform. [Hon. Members: “Not yet.”] I heard what my hon. Friends said from a sedentary position, but I shall not be tempted down that route. I say to the hon. Gentleman that we know the answer. My understanding is that, because the new ESA is resource intensive compared with incapacity benefit, any existing claimant on incapacity benefit who was to be migrated to ESA would, to put it bluntly in Treasury terms, cost a lot of money to resource. The Secretary of State has made it clear that it is “as resources allow”, which is Treasury speak for “Gordon Brown has not told us what we have got for next year’s Budget”.

Danny Alexander (Shadow Minister and Disability Spokesperson, Work & Pensions; Inverness, Nairn, Badenoch & Strathspey, Liberal Democrat)

I am sure that the Minister will not necessarily wish to prejudge the result of the comprehensive spending review, although any commitments that he can make not only in that area, but in relation to my earlier point about the long-term funding for the pathways to work programme will be welcome. It is essential in making the process work.

Tim Boswell (Shadow Minister, Work & Pensions; Daventry, Conservative)

Just for the record, will the hon. Gentleman concede that the Department for Work and Pensions has anticipated and, indeed, reached an agreement with the Treasury on its forward programme of spending ahead of major announcements next year? Frankly, the prospects for pushing the boat out for such a benefit—admirable as it may be—do not look good from those figures.

Danny Alexander (Shadow Minister and Disability Spokesperson, Work & Pensions; Inverness, Nairn, Badenoch & Strathspey, Liberal Democrat)

The hon. Gentleman has made my point. One of my biggest worries remains the fact that, as far as I know, £360 million has been allocated to the roll-out of pathways to work and other changes under the Bill. That is grossly insufficient to meet the needs of incapacity benefit claimants to have the chance to access the support and help that might be needed to assist them to overcome their labour market disadvantage. I shall continue to use that term, despite the result of the Division earlier. Perhaps the Minister can enlighten the Committee on those points.

Employer attitudes relate to our debate. I commend to the Minister the work of the Employers Forum on Disability to promote a disability audit within employers. I hope that he will support and encourage  it. It highlights employers in the public and private sector who can be role models and explains to other employers the substantial benefits of employing disabled people.

Jeremy Hunt (Shadow Minister (the Disabled), Work & Pensions; South West Surrey, Conservative)

On that note, no doubt the hon. Gentleman will have heard yesterday’s announcement that the Conservative party has asked Scope to undertake an audit of the party’s employment procedures in respect of disability. Scope is also in discussions with the Liberal Democrats about carrying out a similar audit for that party. However, it has not yet heard back from the Labour party about whether it will be willing to have an audit undertaken of its practices. Perhaps the hon. Member for Inverness, Nairn, Badenoch and Strathspey will ask the Minister to use his good offices to ensure that the Labour party could set an example.

Danny Alexander (Shadow Minister and Disability Spokesperson, Work & Pensions; Inverness, Nairn, Badenoch & Strathspey, Liberal Democrat)

I do not wish to try your patience, Mr. Amess, too much on the issue, but I noted that announcement yesterday. The hon. Gentleman will be aware that I announced a month ago that the Liberal Democrats had reached a similar agreement with Scope to carry out an audit of our candidate selection procedures. I was pleased to see the Conservative party follow suit, and I hope that the Minister will use his good offices to ensure that the Labour party does likewise. Encouraging the participation of disabled people in public life is as much a part of the philosophy behind the Bill as many of the other points that we debated earlier.

One change that could be made to promote the better engagement of employers with this issue is the introduction of rehabilitation leave, which the hon. Member for Glasgow, North-West has proposed in a Bill. The Liberal Democrats will be more than happy to support his proposal when it is debated in this Committee.

Jim Murphy (Minister of State (Work), Department for Work and Pensions; Renfrewshire East, Labour)

As is the case in Committee, some very talented officials have drafted an excellent speaking note. With your permission, however, Mr. Amess, I will answer some of the specific points rather than simply repeat the note. For the record, it explains the structure of clause 1. By reading the clause, hon. Members will read what is in my speaking note, anyway, but if they wish me to place a copy of it in the Library or to read it anyway, I will be happy to do so.

I have known my hon. Friend the Member for Glasgow, North-West for many years. I would like to thank him for giving me advance notice of his detailed question, but he did not, so I cannot. I reassure him that my answer will be shorter than his question, and I encourage him to look at the draft regulations and the supporting material, including page 4 on the new structure of the benefit, which the Department published earlier this month. It was sent to everyone on the day of their selection to the Committee.

Basically, we are restructuring the architecture of the benefits. There will be an assessment phase, and then a basic allowance on top of which there will be two separate levels. The first will be paid to those with work-related activity, expectations and conditionality; and any higher amount will be paid to more severely  disabled people for whom there is no requirement to undertake any conditionality or work-focused interviews. Additionally, all the benefit levels that 2.7 million people currently enjoy will be protected during their transferral to the employment support allowance.

My hon. Friend asked specifically about lone parents. When the ESA is introduced, they can make their own choice. If they claim income support because they are a lone parent, they can stay on it and keep the disability premium. Alternatively, they can claim ESA because they are sick and disabled, and obtain the new structure and support. I hope that that clarifies the point for him.

Jeremy Hunt (Shadow Minister (the Disabled), Work & Pensions; South West Surrey, Conservative)

Will the Minister explain that point, because the Bill seems to say the precise opposite? Subsection (3) says:

“The basic conditions are that the claimant...

(e) is not entitled to income support”.

Does not that mean that the lone parent of whom he talks would not have that choice?

Jim Murphy (Minister of State (Work), Department for Work and Pensions; Renfrewshire East, Labour)

I am sorry if the hon. Gentleman misunderstood me. The provision is based on the principle that someone cannot access two contributory benefits at once. We would not pay it, and they would not be entitled to employment support allowance if in receipt of—

Jeremy Hunt (Shadow Minister (the Disabled), Work & Pensions; South West Surrey, Conservative)

The Bill does not say “in receipt of”; it says “entitled to”.

Jim Murphy (Minister of State (Work), Department for Work and Pensions; Renfrewshire East, Labour)

That person would not be entitled to ESA, based on the condition set out in subsection (3)(e), which is on entitlement to income support. The individual will choose, based on the explanation that I gave to my hon. Friend the Member for Glasgow, North-West.

Danny Alexander (Shadow Minister and Disability Spokesperson, Work & Pensions; Inverness, Nairn, Badenoch & Strathspey, Liberal Democrat)

For the sake of clarity, the clause says that the individual

“is not entitled to income support”.

The Minister has just described a circumstance in which the individual would be entitled to income support and ESA and would have the right to choose between them. The Bill would specifically prohibit that circumstance by making not having entitlement a condition. If the Minister is saying that subsection (3)(e) should read, “is not claiming income support”, that is quite different from what the Bill says.

Mr. Boswellrose—

David Amess (Southend West, Conservative)

Order. We cannot have an intervention on an intervention.

Jim Murphy (Minister of State (Work), Department for Work and Pensions; Renfrewshire East, Labour)

I feel that it will be a similar point so I will give way.

Tim Boswell (Shadow Minister, Work & Pensions; Daventry, Conservative)

I am grateful to the Minister for giving way. As I understood it, he effectively said that there would be a no-detriment provision whereby if somebody chose—and Ministers are nodding at that—to maintain their existing patterns of benefit because they were  more advantageous or they preferred to do so, they would be permitted to do so.

My concern relates to schedule 4. In paragraph 6, regulations make provision for converting existing awards into awards of ESA. Now if they can do that, will the Minister give the assurance that nobody will be required so to convert if it would be to their loss, even if the conversion period would be compulsory and that there would therefore have to be special provision under the new ESA?

Jim Murphy (Minister of State (Work), Department for Work and Pensions; Renfrewshire East, Labour)

To return to the point about clause 1(3)(e), entitlement specifically means receiving rather than someone having some type of underlying entitlement. I hope that that clarifies the point for the hon. Gentleman. In terms of additional points raised by the hon. Member for Daventry—

Mr. Huntrose—

Jim Murphy (Minister of State (Work), Department for Work and Pensions; Renfrewshire East, Labour)

I would like to make some progress on this point. In terms of ensuring that there is a greater understanding of the new benefit architecture and the means of entitlement to it particularly by those with different circumstances and fluctuating mental and other health conditions, the first work-focused interview, regardless of whether pathways to work is rolled out through the public or private and voluntary sectors—and as we have said publicly, our future roll-out would be based in the private and voluntary sectors—will be done through Jobcentre Plus. It is at that point that the explanation of the different benefit opportunities will take place.

In terms of the new benefit entitlements—whether it is ESA, JSA or another benefit that might be available to the individual—advice will be given on a face-to-face basis in the first work-focused interview with Jobcentre Plus staff, regardless of whether the pathway area is in the private, voluntary or public sector.

The hon. Member for Daventry also raised the point about engagement with pathways. For all types of reasons, it is important that there is local engagement between Members of Parliament and those who are providing pathways at a local level, even if it is to emphasise the cross-party nature of support for the roll-out of pathways. Although there was not cross-party support for the money that made pathways possible—with many people on this Committee voting against it—the cross-party consensus is that pathways is now the right way to go.

In the most recent roll-out of Jobcentre Plus-based pathways, I have asked Jobcentre Plus district and local managers to make contact with local Members of Parliament, regardless of which party, so that there can be conversation at a local level about the ways in which support can be provided to hon. Members’ constituents. I will ensure that that takes place because it is important that it does so.

On the additional points raised by the hon. Member for South-West Surrey, it is important—although he says that this is not the only piece of legislation—to emphasise the sheer change and nature of the Disability Discrimination Act 1995. There are 7 million employees and 1 million employers who can help drive change and as my hon. Friend the Under-Secretary has said, all  public authorities have to undertake the disability equality duty review by December of this year. Although the review is not exclusively about employment, it will focus on it. It makes an important point regarding the local implementation of enlightened and progressive national policies in the public sector. We have to make sure that that is happening in as many interactions as possible in the public sector in terms of our worthy goals and progressive policies.

However, the hon. Gentleman was being unduly kind—perhaps in the good-cop bad-cop arrangement that he has with his hon. Friend the Member for Bury St. Edmunds—

David Ruffley (Shadow Minister, Work & Pensions; Bury St Edmunds, Conservative)

Which is which?

Jim Murphy (Minister of State (Work), Department for Work and Pensions; Renfrewshire East, Labour)

I am not going to be drawn on that.

Anne McGuire (Parliamentary Under-Secretary (Disabled People), Department for Work and Pensions; Stirling, Labour)

It is the new Tories; they are both good cops.

Jim Murphy (Minister of State (Work), Department for Work and Pensions; Renfrewshire East, Labour)

My hon. Friend offers an honest assessment, but I will leave it there.

There has been pretty fair criticism of the public sector for what does not happen at the moment, and an implicit suggestion that the position is much stronger in the private sector. Last week, I met some major national companies to talk about our agenda, and they admitted to having structural weaknesses in how they implement the policies. I am not criticising them but making an observation which they themselves offered about their inability, on occasion, to have that face-to-face intervention at the point of sifting job applications, at job interviews, or in relation to supporting employees at work. They are looking for ways to ensure that their well intentioned and progressive national policies can be rooted in as many interactions in local branches and outlets across the United Kingdom. This issue presents challenges in both the public and private sectors.

I move to the points raised by the hon. Member for Inverness—I hope that he accepts that title for the rest of the Committee and does not take it as an insult to anywhere else. I am looking forward to an official visit to his constituency soon, and am glad that he invited me to visit, so I know that he will not take it as an insult if I refer to his constituency simply as “Inverness”.

We are still committed to a single working age benefit; that is one of our goals with simplification. The Bill simplifies matters in an important way, despite the reasonable point made by the hon. Member for Daventry about ensuring that there is no complication as agreed on understanding among customers and  claimants about the new architecture. We are replacing incapacity benefit and income support that is allocated on the basis of disability with ESA. That is an important change to the way in which benefits are structured. I reiterate that we are committed in the long term to a single working age benefit.

Jeremy Hunt (Shadow Minister (the Disabled), Work & Pensions; South West Surrey, Conservative)

I apologise to the Minister for going back to his earlier comments, but I just looked at the clock and wanted to make some comments now. I welcome his comments about the single working age benefit, but we have not quite resolved the matter of subsection (3)(e) and the difference between people who are entitled to income support and people who are claiming income support. Will he undertake that his officials will reconsider the wording of that measure before the Bill makes further progress through the House, because disability groups are concerned that it seems to exclude a number of people from entitlement to ESA?

Jim Murphy (Minister of State (Work), Department for Work and Pensions; Renfrewshire East, Labour)

I will, of course, return to the point that the hon. Gentleman reasonably raises. I also want to deal with the issue of employer engagement, which has been raised again by hon. Members. We work in close co-operation with the Disability Employment Advisory Committee, which offers a fantastic, frank analysis of some of the emerging challenges with the agenda in a way that improves the quality of our work on disability and how we offer support to people entering the workplace.

The hon. Member for Inverness asked about migration, which is important as it concerns 2.7 million people, although if current trends continue that number will be marginally lower in 2008-09. He probed our better intentions about migration. Of course, this issue is partly affected by resources and their availability, but our genuine intention, which is based on the current analysis of IB, is that those who are most recent to the benefit should be those most likely to have the opportunity to get back to work. As the hon. Member for Bury St. Edmunds said, thus confirming what the Government suggested, someone who is on incapacity benefit for two years or longer is more likely to die, retire or never work again. We have used that analysis for a migration strategy and looked for ways in which to migrate the newest IB claimants on to the new ESA.