Part of the debate – in the House of Lords at 11:00 am on 25 June 2004.
Lord Ashley of Stoke
Labour
11:00,
25 June 2004
My Lords, I beg to move that this Bill be now read a second time.
The Bill carries the hopes, aspirations and prayers of millions. It is a simple Bill, yet one which can profoundly influence the lives of more than 6 million carers—people who have been shunted out of circulation into the confines of homes, sick bays and impoverished environments. There has been a scandalous, historic disregard of people whose lives revolve around giving themselves to others. Now the Bill, which was introduced in the House of Commons by Hywel Francis and passed all its stages there, aims to change carers from neglected appendages to valued personalities, enjoying full human rights.
There is a roll of honour of politicians who have initiated legislation to help carers, which includes Malcolm Wicks and my noble friends Lord Carter, Lord Pendry and Lady Pitkeathley. Her special qualities are partly explained by her 10 years' experience as chief executive of the Carers National Association—although there is no simple explanation of why she is so very special. There is only one Lady Pitkeathley. The legislation with which they were associated was the Carers (Recognition and Services) Act 1995 and the Carers and Disabled Children Act 2000. Those were valuable steps forward, but it was not until this Bill that we had proposals to help the carer as a whole person, rather than solely as a carer. This is the vital aspect of the Bill.
I wish to express my appreciation of Carers UK which has been exceptionally helpful with its expert knowledge and guidance throughout. But today the main honours go to Hywel Francis and his wife Mair, carers for over 16 years of their son Sam who had Down's Syndrome and who tragically died some seven years ago. Inspired by Sam, they associated themselves with the carers' cause and this fine Bill is the result of that. The hope has been expressed that it should become known as Sam's Bill and, given the all-party support that it has enjoyed, I am sure that all noble Lords would respect that wish and ensure that it soon becomes knows as Sam's Act.
I can think of no better memorial than an Act of Parliament which benefits 10 per cent of our population, some 6 million carers; an Act which enables carers to enjoy equal opportunities, denied to them at present; an Act which guarantees carers comprehensive information about their rights, denied to them at present; and an Act which enables carers fully to develop their lives and individuality, denied to them at present. These would be big gains for people who hitherto have been big losers. With such an Act on the statute book they could pursue their vital caring role while simultaneously exercising their rights and developing their training, employment, education and leisure, instead of merely being adjuncts to the disabled or old person. Of course the needs of the old and disabled person are of tremendous importance but the acknowledgement of that fact can and should go hand in hand with provisions for the carer as a whole person. There is no conflict. In fact, meeting the needs of carers contributes to making them better and happier carers. The two are complementary not contradictory.
I would like briefly to explain the main points about each Clause. Clause 1 deals with one of the most basic and troublesome problems facing carers—lack of information. Carers are simply not receiving the help, guidance and assistance that they so desperately need, and the main reason is that they are unaware of what is available or what they are entitled to. That is an astonishing state of affairs. In the Commons debate on the Bill, the MP for Banbury, Tony Baldry, said that 98 per cent of typical carers in a typical local authority area told him that when social services did not have a clear statutory responsibility to assist, no one explained any of their rights to them. No one gave them information about taking a break. No one from social services told them how to look after a relative or friend coming out of hospital. No one offered to explain community care legislation to them. Carers rights were never explained to them. That is why I believe that social services need to be under a statutory obligation to do that.
Further evidence of the problem comes from Imelda Redmond, Chief Executive of Carers UK, who said that,
"there are too many carers struggling without support, cutting back on food to make ends meet, going without breaks—having only one weekend off a year".
People who are denied information about rights are effectively denied those rights. For the many people with the heavy responsibilities of caring for old, frail or disabled people, such a denial is devastating. The need for the Bill stems from the lamentable experience of millions of carers in England and Wales and the personal experience of Hywel and Mair Francis. It is time for action.
Clause 1 sets us on the way and I am confident that this and the other provisions of the Bill will transform this deplorable state of affairs. On the basic issue of information, Clause 1 would amend the Carers (Recognition and Services) Act 1995 and the Carers and Disabled Children Act 2000. It would ensure that when a local authority is assessing a disabled adult or child it would have to inform the carer of their rights to an assessment of their needs. Although guidance indicates that carers should be informed of their rights, the Social Services Inspectorate report states that carers are not routinely offered an assessment. Clause 1 will ensure that they are.
Clause 2 would amend the same two Acts as Clause 1 and ensure that local authorities must amend their assessment procedures so that they incorporated issues of work, training, life-long learning and leisure. Thus we would see a transformation in the way carers are regarded—not before time, they would be seen as individuals rather than ciphers. Instead of simply "helping carers to care" this clause could help to signpost carers to new training courses and guide them back to work—and 80 per cent of carers are of working age. Some 80 per cent of carers would wish to return to work if they could, according to Carers UK. At present, assessments and provisions for carers are provided to enable them to care. The clause helps to change the ethos from assessing carers only on their ability to provide care, to perceiving them as people with full entitlements to a rounded life.
Clause 3, regarding carers' assessments, would also amend the two Acts mentioned previously and ensure that a specific local authority could request the help of any local authority, local education authority, or housing authority, to assist in the planning of carers' services. That would deal with the lack of joined-up policies and would secure co-operation for services to both the disabled person and the carer. It would prevent carers falling between half a dozen stools, thus replacing confusion with co-operation. Fewer things are worse than for a perplexed person to be shuffled from pillar to post by, say, social services and health organisations each not knowing what the others are doing. There is a powerful case for co-operation.
The other Clauses 4, 5 and 6 are standard ones and include the financial provision and short title. Altogether, the Bill, which has enjoyed cross-party support and has laudable aims combined with practical policies, will enrich the statute book and the lives of millions of carers. It has the support of over 300 national and local organisations and their hopes now rest with this House. I am sure they will not be disappointed.
If I may, I should like to add just one further comment. If the House sees fit to pass the Bill, it is vital that it should be fully implemented. We all know that some Acts lie dormant because they are moribund and ignored. As a warning example of what can happen, Tom Clarke, a longstanding friend of disabled people, complained in the House of Commons that an Act that he initiated as long ago as 1986—the Disabled Persons (Services, Consultation and Representation) Act—was only half implemented now. We want none of that nonsense with this measure. We want instant and continuous implementation. It would be incredible that someone doing so devoted a job as caring for a disadvantaged person should be denied the information about benefits or available support. That would be incredible and indefensible. But I trust that this Bill will be a vibrant piece of legislation which will indeed transform the lives of millions of hard pressed carers. I commend the Bill to the House.
Moved, That the Bill be now read a second time.—(Lord Ashley of Stoke.)
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