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

I beg to move amendmentNo. 196, in clause 22, page 17, line 19, at end insert

‘, subject to an assessment of their impact on disability equality, which shall be included in the report of the reporting authority under regulation 5 of the Disability Discrimination (Public Authorities) (Statutory Duties) Regulations 2005’.

Jimmy Hood (Lanark & Hamilton East, Labour)

With this it will be convenient to discuss amendment No. 163, in clause 22, page 18,line 3, at end insert—

‘(8) Before making regulations under sections 8 to 15 the Secretary of State shall consult the Commission for Equality and Human Rights.’.

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

I shall be as brief as can be consistent with making the intentions behind my amendments clear. Amendments Nos. 196 and 163 probe the clause on issues relating to the Disability Discrimination Act 1995 and the Human RightsAct 1998, which we have discussed. We want to make the regulations subject to assessments on their impact on disability equality and subject to consultation with the Commission for Equality and Human Rights. As the Committee knows, that will shortly take over the Disability Rights Commission and the other equality organisations.

The thinking behind the amendments is that because of the importance attached to the public sector’s disability equality duty, to the 1998 Act and to the functions currently carried out by the Disability Rights Commission, it is important, given that the regulations—particularly under clauses 10 to 14—introduce a conditionality of benefits, that some mechanism should be in place. Making assessments on impacts on disability equality and requiring consultation with the Commission for Equality and Human Rights would help to ensure that before any regulations were published or dealt with, the commission could be satisfied that nothing proposed would in any way undermine the relevant duties. That would allow a degree of independent scrutiny, which would be welcome.

We have covered 1995 Act and the assessment of disability equality on previous clauses, and I am happy to leave it at that. I look forward to the Minister’s response.

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

I am delighted to be back for the third time today. I thank you, Mr. Hood, for the short break, which gave us the opportunity to celebrate the arrival of baby Orla in the appropriate way. It also gave me a chance to catch up with my family’s plans for Halloween night. I can tell hon. Members that I do not intend to trick them on anything, although I am certain that I will not treat them in any way either. That is the best that I could do.

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

This is Jim Davidson standard.

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

I do not know whether he is allowed in the new Conservative party.

Russell Brown (PPS (Rt Hon Douglas Alexander, Secretary of State), Scotland Office; Dumfries & Galloway, Labour)

It would help if you took your mask off.

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

It might scare the children.

The hon. Member for Inverness, Nairn, Badenoch and Strathspey raised a number of probing questions on amendments Nos. 163 and 196. AmendmentNo. 163 would provide the Commission for Equality and Human Rights with a formal role in developing regulations. By general acknowledgment, the Government and the Department for Work and Pensions are right to be proud of our work on advancing the interests of disabled people and of our close working relationship with key stakeholder groups, including the DRC, which we created five or so years ago. Our extensive consultations on the development of our proposals for the employment and support allowance demonstrate our commitment in that regard, as does the fact that we have produced a prototype disability equality impact assessment in advance, importantly, of our statutory obligation to do so.

On the scrutiny of regulations, the hon. Gentleman will be aware that existing provisions require the Secretary of State to consult the Social Security Advisory Committee on regulations made under relevant enactments. He will be happy to be reminded that that is provided for in section 172 of the Social Security Administration Act 1992. Importantly, we have added part 1 of the Bill to the list of relevant enactments for such purposes. As the recent review has shown, those arrangements have worked well, and I am not convinced that adding a further layer of consultation of the sort proposed in the amendment would aid the making of regulations. There is, of course, the code of conduct for public and Government consultations, which we will adhere to for future initiatives and proposals.

On the principle behind the amendment, however, we are happy to confirm that we will continue to confer with the Commission for Equality and Human Rights. We have accepted that principle and demonstrated our continuing commitment to adhere to it.

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

The Minister rightly referred to the prototype assessment on which the Department is working. What progress has been made on it? When are we likely to see the fruits of that process?

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

We are putting the final touches to the prototype. We are under a statutory obligation to publish it and we certainly intend to do that before we are obliged to do so, as a continuing sign of our determination to work with stakeholders.

Amendment No. 196 is unnecessary because it repeats what will be our statutory obligations from December 2006 under the Disability Discrimination (Public Authorities) (Statutory Duties) Regulations 2005. On that basis, the issue is already covered by current law, so I think that the hon. Gentleman will accept that the amendment is unnecessary.

I can confirm that the Government will pursue the intention behind amendment No. 163 as we continue to consult external organisations, including the ones that we have just discussed.

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

I am grateful to the Minister for that reassuring response. I beg to ask leave to withdraw the amendment.