Select Committee
Parliament

The committee has continued to talk about proposals for a post-Brexit immigration system.

Conservative MP Tim Loughton asks "how flexible" the new system will be. Will there be, as Mr Javid has suggested, a £30,000 a year earning threshold for "skilled" migrants and how will the system adapt for "skilled" jobs where people earn a lot less than that such as adult social care?

Sajid Javid says the new immigration system "will be a skills based system" and "not based on an individual's nationality", which is his characterisation of the current immigration system, where people from EU and EEA nations automatically have the ability to live and work in the UK.

On the £30,000 salary threshold, he says it currently applies to the current Tier 2 visa but may not be the figure that would apply post-Brexit and is "just an example".

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House of Lords
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Crossbench peer Baroness Finlay introduces her next amendment, amendment 35, which says the responsible body may not authorise arrangements if an Approved Mental Capacity Professional (AMCP) has concluded that the arrangements should not be authorised.

She says this amendment should be on the face of the bill as "authorities facing financial hardships may try and push through care plan arrangements for financial gain", and that having an independent individual assess care arrangements "takes the burden off a cared-for person's family".

Baroness Finlay says a degree of independence is "necessary" and prevents a conflict of interests when "the cared-for persons treatment should come first", and this is what the involvement of an Approved Mental Capacity Professional would do.

Health Minister Lord O'Shaughnessy says "getting the role of the Approved Mental Capacity Professional right is crucial," and any responsible body "must follow the AMCP's decision", which will be added to the code of conduct.

Baroness Finaly says she is "grateful that the government has listened" and "having been reassured" will remove her amendment.

House of Lords
Parliament

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Crossbench peer Baroness Finlay says arrangements for a care plan must be "adequate, proportionate and scrutinised fully" and the second group of amendments she speaks to tighten up the number of "responsible bodies" that can arrange these care plan frameworks.

Liberal Democrat peer Baroness Barker says she is "concerned" that the bill offers "no continued contact" between a cared-for person and a mediator after their immediate contact.

In response, Health Minister Lord O'Shaughnessy says he recognises the result of the divison on amendment 29 and "will take this into account".

He adds that it is important that only responsible bodies are able to make care arrangements for an individual and that Baroness Barker's call for regular reviews is an "excellent point".

"Having that ongoing role for a cared-for person is very important and I can give a commitment that this will appear in the code of practice," he says, and urges peers to withdraw these amendments due to this.

Baroness Finlay agrees to withdraw her amendments.

Select Committee
Parliament

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Conservative backbencher Sir Christopher Chope asks where the government's white paper on post-Brexit immigration is.

He goes on to say that press reports make it sound like the promise of a more restrictive immigration regime is "being resisted by you and others".

Sajid Javid says it's a big job to design an immigration system from scratch "uninhibited by EU rules or regulations" but assures the Tory MP that the white paper will be seen before the government's vote on the EU withdrawal agreement, due on 11 December.

House of Lords
Parliament

The peers divide over amendment 29, which would ensure that a cared-for person is fully informed of their rights and any relevant information prior to and after an assessment is carried out.

The government is defeated on the amendment - by 277 votes to 192.

House of Commons
Parliament

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Justice Minister Lucy Frazer disagrees with suggestions that the bill is a "cost cutting exercise", arguing it is instead concerned with making the most of resources.

For example, she says 41% of courts are used at less than half their available capacity, despite a fifth of budgets being spent on court estates. She says it is sensible to think about where money can be better used.

She says the government is keen to bring forward wider legislation concerning courts and will do so when parliamentary time allows.

The government is aware of concerns about legal aid and a review is starting, she adds. She hopes improvements can be made soon.

The bill proceeds to the next stage without division.

Select Committee
Parliament

House of Commons
Parliament

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Shadow justice minister Imran Hussain is now wrapping up for the opposition.

He says Labour will abstain on the vote today, but are determined to add amendments at committee stage. He says all their amendments are reasonable and calls on the government to seriously consider them.

When the government bought the Prisons and Courts Bill to the House, he says the government stated their intention to reform the justice sector, only for this to be dropped when the 2017 election was called.

While the justice secretary echoed these ambitions today, Mr Hussain says the content of the bill does not match. Seen in the wider context of austerity, he says it seems like government ambitions are less about reform and more about squeezing as much as possible out of the courts.

Reform of courts should increase access to justice, he says, not ignore the extent of the problems.

House of Lords
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Health Minister Lord O'Shaugnessy says "less restrictive care" is a principle part of the Mental Capacity Act, and therefore access to information "does not need to be on the face of this bill".

He adds that an amendment calling for carers to be given a plan of treatment for a cared-person is "unnecessary as this is already required by law".

Lord O'Shaughnessy agrees that "as a minimum, cared-for persons and their carers should be given information in simple terms that is easy to understand".

He says specific details would be better set out in a code of practice, which could more comprehensively lay out who should have access to information and how "without having to change legislation over time".

Lord O'Shaughnessy says the government "has been explicit that cared-for persons must be listened to" and "recognises the important role that carers play in supporting a cared-for person's understanding of events".

He says there is no need for this group of amendments to be on the front of the bill, and therefore the government will not be supporting them.

Peers divide over amendment 29 which would ensure that a cared-for person is fully informed of their rights prior to the authorisation process.

House of Lords
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Shadow Labour spokesperson for health and social care Baroness Wheeler says the amendments in this first group ensure that all information is available to "cared-for persons, their carers, and all related persons" which is "an important right".

Baroness Wheeler says Labour strongly support all these amendments, and ensuring that disputes are dealt with effectively means individuals "knowing their rights and reasons for their detention".

"There is unanimous support for key information rights to be included on the face of this bill," she adds, "only on the face of the bill will they have full legal force."

Select Committee
Parliament

The Home Affairs Committee is taking evidence from the Home Secretary, Sajid Javid.

The session can cover all aspects of Mr Javid's work as home secretary so subjects ranging from crime, police funding and the effect of Brexit on security cooperation could all come up.

House of Lords
Parliament

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Introducing amendment 29, Lib Dem peer Baroness Jolly says it is "crucial" that a cared-for person and their carers are given explanations for their detention and appeal procedures as this is "a fundamental human right" under Article 5 of the European Convention on Human Rights.

She says her amendment sets out "a clear strategy and basic steps to ensure an individual is aware of their rights" as currently "the bill is silent to their rights of information".

Baroness Jolly says the bill "misunderstands the obligation of a right to be informed by substituting it with a right to be able to request information".

She adds that currently, a request for personal data could require families to employ an expensive lawyer.

House of Lords
Parliament

Peers now move on to their main business of the day, the second day of the Mental Capacity (Amendment) Bill's report stage, introduced by Health Minister Lord O'Shaughnessy.

This bill will reform the process in the Mental Capacity Act 2005 for authorising arrangements enabling the care or treatment of people who lack capacity to consent.

An amendment posed by Labour peer Baroness Thornton and Liberal peer Baroness Jolly is seeking to ensure prior to the authorisation process, a cared-for person must be fully informed of their rights.

The government has said they will not budge on the issue, so amendment 29 is likely to go to a vote.

House of Lords
Parliament

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Labour peer Lord Stevenson of Balmacara asks about maintaining free TV licences for those over 75.

Digital, Culture, Media and Sport Minister Lord Ashton of Hyde says "the government has guaranteed free TV licenses for those over 75 until 2020, and that responsibility for the concession will return to the BBC at this time."

"We have been clear on our expectation for the government to continue this concession," he adds.

Lord Stevenson reminds peers that the Conservative party manifesto promised free TV licenses for the over 75s until 2022, but "the BBC are still consulting what if any concessions are to be made from 2020".

He calls on the government to call on the BBC to "withdraw this disgraceful consultation".

Conservative MP Lord Naseby suggests the BBC and Lord Hall should take note of the Peacock Report which suggests the BBC should take advertisements.

Fellow Conservative MP Lord Lexden says: "It would be good if Lord Hall actually turned up to listen to our concerns and to assist us in discussions of this kind."

Lord Ashton says "the BBC is a national institution and the government supports the BBC" but adds that it is "important that the BBC's Director General stays clear of politics as much as he can".

House of Lords
Parliament

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The Bishop of St Albans asks about the sufficiency of current industry contributions to efforts to reduce gambling-related harm.

Culture, Media and Sport Minister Lord Ashton of Hyde says "protecting vulnerable people from harm is central to gambling regulation" and that staff must be trained to "identify and stop underage gambling" and help those in need.

The Bishop of St Albans says he is glad that the government is increasing the remote gambling duty next year, but that gambling is costing the NHS £1.2bn a year, and he calls for the government to invest in "more research and treatment".

Lord Ashton says £1.2bn is the total cost of gambling, "not the burden on the NHS" and "the gambling industry also raises money to help pay for the NHS."

Conservative peer Lord Forysth says previously gambling adverts were not allowed in the Yellow Pages and that more must be done to "reverse the disastrous deregulation of this industry".

Liberal peer Lord Foster says he is "appalled" that Lord Ashton has suggested more money is not needed as there are 430,000 problem gamblers in the UK, with only 2% getting help.

Lord Ashton replies that "gambling is not a problem for the majority of people" but that he acknowledges that "advertising could have a part to play".

House of Commons
Parliament

Justice Select Committee Chair Bob Neill says in complaining about the lack of ambition of the bill, MPs might be letting "the ideal become the enemy of the good and the deliverable".

The Conservative MP says he shares Labour's disappointment at how thin the bill is and laments the loss of a similar but wider-ranging bill because of the 2017 snap election, but says this one does "valuable things".

He says it's only "one part of the programme that we need to deliver" to modernise the courts.

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House of Lords
Parliament

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Liberal peer Baroness Pinnock asks what steps the government is taking to ensure that the planned local government fair funding allocation will provide local authorities with the resources needed to provide sufficient and effective local services.

Housing, Communities and Local Government Minister Lord Bourne says the government is making "good progress" with a fair funding formula framework that aims to provide a "simple, transparent and accurate link between local authorities needs and available funding".

Baroness Pinnock says the IFS reports that in the last eight years, real term spending by local councils has fallen by 24% per person, and by up to 35% in the worst affected areas.

She says that "dividing this shrunken pot in a different way fails to address the real and serious problem of under funding of local services."

Conservative peer Lord Porter says that having coped with £15bn worth of reductions by 2020, the local government sector "has done more than its fair share of ensuring the deficit is reduced" and calls for the government to ensure that "no local council should be worse off in the next year than they are now."

Shadow leader of the Lords Baroness Smith asks Lord Bourne to confirm that no council will lose any more money.

Lord Bourne says "in the Budget we have added money for local council functions and the spending review will be happening next year", adding that "there will be issues in increased spending but not in the fair funding formula."

House of Lords
Parliament

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Liberal peer Lord Storey asks the first question today on developing mental health support in schools.

Education Minister Lord Agnew says the government is committed to ensuring schools are developing strategies to support and prevent issues of mental health.

Lord Storey says 65% of children with mental health issues do not get help currently, and that mental health support in schools is "gravely underfunded and stretched".

He calls for more resources so that "education psychologists in permanent posts in schools can make a real difference".

Lord Agnew says the government are "improving young people's mental health services with our £1.5bn investment since 2015" and more money from the NHS will be invested in mental health.

"We are not complacent in this area," he adds.

Labour peer Baroness Massey calls for "a greater support of a general understanding of mental health" by all teachers, which will be "more effective" than appointing a few specialised individuals in each school.

House of Lords
Parliament

Lord Fowler begins today's proceedings by paying tribute to former Conservative peer Baroness Trumpington who died yesterday aged 96.

Baroness Trumpington was a codebreaker at Bletchley Park during World War II, and was one of the most recognised members of the Lords, in part due to her long service on the Conservative frontbench, and in part thanks to a video which went viral on social media.

The footage showed her making a V-sign at a fellow Tory peer over what she saw as a rude remark about her age.

She served as a government minister and whip in the 1980s and 1990s under prime ministers Margaret Thatcher and John Major. She retired from the Lords last year.

Lord Fowler says "on behalf of the House, I extend my condolences to Baroness Trumpington's family and friends".

House of Commons
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Shadow justice minister Yasmin Qureshi says Labour have been waiting for this bill since last year and had high expectations. However, they are disappointed and she calls it "wafer thin".

Most of the provision were included in the previous prisons and courts bill which was shelved last year, she says. "It is a little too late and quite a lot too little," she says.

She says the bill is being used as an excuse for cuts and closures, rather than improvements as the government claimed.

"We are by no means against modernisation, we all want justice to be cost effective," she says, but "there is a real concern that the government is trying to bypass necessary legislative scrutiny in this area".

Since 2010, she says the government has closed "literally hundreds" of courts, with cuts having a real increase in the number of people having to represent themselves.

"It is the most vulnerable who bear the most cost here."

Labour will not be supporting the bill, she says, and will be placing amendments at committee stage.