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We have to do things internationally. Our credibility will rely on what we are doing on the home front. We have to lead in creating a low-carbon economy. If we can do that, we are more likely to be listened to on the international front. We do not think that this will be at the expense of our economic and social objectives. If the challenge of climate change is to be met, all parts of British society will have to play their part. If we get the message and see the role that we can play, the small changes in behaviour that we make as individuals—switching off electrical appliances rather than leaving them on standby, as was discussed earlier this week, or making the right choice of those appliances in the first place—can make a tremendous difference to energy use in this country. We have to set ambitious long-term goals, though, and the Government can therefore play a critical role in enabling a low-carbon economy.
The energy review that we published earlier this week contains ambitious proposals for getting us on course to achieving real progress in emission reductions by 2020 and remaining on the right path to achieving our domestic goal of a 60 per cent reduction in CO2 emissions by 2050. Overall, the package of measures in the energy review could deliver between 19 million and 25 million tonnes of carbon savings by 2020. These would be achieved through several levers, including new measures for the transport sector, which are long overdue; the removal of barriers to distributed generation and new nuclear; measures to support renewable electricity; and a big push on energy efficiency. All those have a roleto play.
I know that your Lordships’ House will come back to this issue and probably spend more time on it than the other place will. With the range of expertise in this House, this is an ideal place for a mature and considered debate on climate change. The next years will be crucial in defining the response of the
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I would not want to give a view that had not been expressed in your Lordships’ House, but two or three speeches seemed to suggest that we might have to give up the ghost and make hay while the sun shines. Well, we want the sun to carry on shining; we want to carry on making hay; and we want to have progress. But that will mean concerted action and going with the science, taking some bold decisions on changes in society and our economy—there is no question about that—and not believing that the Government can do it all. It is Parliament’s job to get the message across to individuals and businesses on how they can play their role. If individuals can see how playing a role is important, they will do it and will end up doing the job for us all, because we are all in this together.
2.37 pm
Lord Wakeham: My Lords, I am very glad that the noble Lord, Lord Rooker, ended on a cheerful note and has not let me down when I say how much I have admired him over the years. I thank all noble Lords who have taken part in this extremely good debate. In a way, these occasions show the House of Lords at its best. There has been a whole range of views—not all the same by any manner of means—nearly all put overwhelmingly clearly and concisely. I am very grateful for that.
The more perceptive of noble Lords might even have noticed that in the committee that I chaired there was perhaps a slight difference of emphasis on some of the points that we discussed. All I need to do at this stage is repeat that the report was unanimous. Everyone agreed with what was in it. There was no sign of any partisan or party interest at all. I assure the noble Baroness, Lady Miller, that even the bit about electricity privatisation was agreed by the Liberal Democrat members of the committee, who, incidentally, played a very full and effective part, for which I am very grateful.
We have had a good debate and I am most grateful to everyone. All that remains for me to do is to say that I commend the report.
On Question, Motion agreed to.
Disabled Persons (Independent Living) Bill [HL]
2.39 pm
Lord Ashley of Stoke: My Lords, I beg to move that this Bill be now read a second time. Its purpose is literally to transform the lives of Britain’s 11 million disabled people from lives of frustration to lives of fulfilment. Providing a legislative framework for
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Disabled people historically have been regarded as second-class or even third-class citizens. As the Prime Minister has said, one in five British adults is disabled and they can find themselves cut off from the opportunities others enjoy. Disabled people are more likely to live in poverty, to have fewer educational opportunities and to experience prejudice and abuse. Most have low expectations. Only 50 per cent of disabled people of working age are in employment compared with 80 per cent of the non-disabled. That one-fifth of our population is, incredibly, an underclass. We need to elevate our objective from providing subsistence to comprehensive rights of equality and independence.
Support for disabled people is fragmented, resulting in confusion and stress. Deserving people are being denied proper support. In fact, 70 per cent of our councils now offer services only to people whose needs are judged substantial or critical, so that the social security net is full of holes and those who should be included are inevitably excluded. The rights they have are strictly limited. Rights to services mainly mean help with being washed and fed rather than comprehensive rights which enable independence. For example, there are no positive rights in existing legislation to enable disabled people to choose where they live and no legal protection against them being forced to live in institutional care against their wishes, which is scandalous. There is no legal entitlement to advocacy except in limited circumstances, nor to communication support, both of which are crucial. There are no rights of support to cover a disabled person who moves to a different part of the country. They have to start all over again and negotiate a new care package from scratch. Think of all the stress and frustration involved. People with mental health problems have no right to assessment or support for their mental health needs. The notorious postcode lottery blights provision of services all over the country. It is luck rather than judgment as to who actually gets what. Fancy that, in the year 2006. It is a question of pure luck.
Advances made over the past few years with legislation have been helpful, but limited and piecemeal. It is now time to dispense with this ad hoc approach and adopt a master plan which guarantees—yes, guarantees—genuine independent living for disabled people, and we should underpin civil rights with entitlements to practical support. Disabled people have as strong a claim to a normal life as anyone else, and this Bill seeks to provide basic
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The basic premise for action, confirmed by members of the independent living movement, is that disabled people need two vital things: personal assistance and accessibility. The stark alternatives are to be a burden on their families or live in an institution. If we are serious about enabling independent living, we simply have to provide those vital necessities. Under the Bill the Secretary of State will be required to draw up a strategic plan for independent living, and to promote and pursue it. Each local authority and National Health Service body will have to do likewise. The local authority will be required to compile a record of all disabled people in its area so that we know exactly who is disabled, what their disabilities are and where they live.
The Bill will place a duty on local authorities and National Health Service bodies to co-operate between themselves and key partners to provide the means of independent living. It will require them to pool funds wherever necessary to deliver the duties in the Bill. This will avoid the multiple assessments, delays and fragmentation that occur at present. There are significant economic benefits to be gained from this.
The Bill provides a clear right to a comprehensive assessment of disabled people’s requirements for assistance and support. This right to a self-assessment of their requirements is an absolutely crucial part of the Bill and will ensure that any support given to disabled people is what they want, rather than their having to wait for the local authority to give them what it thinks they ought to have. So far, disabled people have been expected to fit into services, but the Bill provides that services should be personalised after assessment and therefore suit the person. It also provides that disabled people should be empowered to determine where they live and who they live with—another crucial point. This ensures that no one can be obliged to live in an institution against their will. If and when the Bill becomes an Act, it will be unlawful to force anyone into an institution against their will.
The authorities will have to identify all the disabled people in their area and maintain a register. They will have to provide a wide range of assistance, such as communication aids and other forms of helpful equipment and technology, independent advocacy and practical assistance in the home and elsewhere.
There will be a new system of individualised budgets. The present range of different funding streams to help with personal care, support, equipment and adaptations will be brought together. Disabled people will be able to use their individual budgets, in the form of cash or services or a mixture
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A crucial part of the Bill is that regulations will be made specifying minimum outcomes. This is designed to prevent any authority wriggling out of its responsibilities. The minimum outcome is a crucial part of the Bill and regulations will be made so that there is no doubt where the responsibility lies.
Of course, these changes will have to be paid for. On the other hand, we should not lose sight of the very important economic benefits of investing in independent living. As people become independent and return to work, they will be earning from employment and, as they pay taxes, there will be savings on the social security budget. There will also be a reduction in the demand for health and social services as people become active and get back to work, so there will be a transformation in people’s attitudes towards the costs.
The Bill creates a disability housing service. Each local authority will have to compile a list of accessible properties and a record of disabled people requiring such properties, and then provide a matching service. The terrible shortfall of accessible housing will no longer be a bugbear because people will be able to be fitted to properties through this matching service. All new dwellings of whatever type will have to meet minimum standards of access. This will result in a huge saving for local authorities by avoiding the heavy costs of later adaptations.
Together, these reforms will dramatically enhance the life chances of disabled people and their families and reduce waste and inefficiency. The Bill will also promote opportunities for carers to create a truly sustainable approach to independent living.
I hope that today I have planted a seed in Parliament that will be transformed into a mighty piece of legislation, giving to Britain’s disabled people the freedom and independence they cherish and which they have been denied for too long. The Bill is a blueprint for the future, but the time to embrace it is now. In the long, slow march of disabled people to freedom and independence, they have made limited progress. They desperately need a drastic change in tempo if they are to approach their ultimate objective. This Bill is the key that opens the way for them to equality, independence, freedom and dignity. It is a great vision. Let us make it a reality.
Moved, That the Bill be now read a second time.—(Lord Ashley of Stoke.)
2.50 pm
Lord Clement-Jones: My Lords, it is a great pleasure and privilege to follow the noble Lord, Lord Ashley, in speaking on the Bill. I preface my remarks by saying what a visionary and important Bill it is. As in previous years, he is leading where others, and I hope the Government, will surely follow. I want to explain briefly why I believe that this is such an important Bill.
First, I declare an interest. I am the chairman of trustees of an education charity for profoundly
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The Bill is so important for our children at the school because currently we have about 40 children in its primary-school element; gradually, however, we are filling up a secondary school, which will be equivalent in number. We have 10 secondary schoolchildren; over time, as we build new facilities with the help of Futurebuilders and many major donors, which we hope will be completed in 2008, we will have a school of 80 profoundly autistic children—40 in the secondary school and 40 in the primary school.
One of the big challenges for us as those children enter the secondary school is the curriculum. What are we teaching them? Essentially, in the years as they move towards adulthood, we will be teaching them life skills—the skills which will enable them to live independently, as far as possible, in the community. We are developing a curriculum suitable for their needs, but life skills and independent living are crucial. That is our challenge and it is faced by huge and growing numbers of children across the country.
In her study, reported in the Lancet, Professor Gillian Baird of Guy’s and St Thomas’ NHS Foundation Trust confirmed what we have long suspected. The incidence of children with conditions on the autistic spectrum is very high—one in 100. That means that in the future we will be facing large numbers of adults who are on that spectrum. Diagnosis is better and I suspect that there are also environmental reasons but at the moment, large numbers of adults are hidden. They are not being diagnosed with autistic spectrum disorders, but that will not be the case in the future. We must make sure that those children are able to make the transition from childhood to adulthood and that they are properly assessed so that they can live, as far as possible, independently in the community. That is where the Bill is so important. That is the essence of my strong support for the Bill.
Currently, under legislation, there is a real concern for children. It is likened by some voluntary organisations in the sector to falling off a cliff—when children start reaching adulthood, their supportive or structured school environment is followed by a complete absence of services and support. That is deeply worrying for many of these children, who rely on routine in such an important fashion. Under current education legislation—the Education Act 1996, as amended by the Special Educational Needs and Disability Act 2001—LEAs already have a statutory duty to make and implement a transition plan from the age of 14 for disabled young people. As a result, several agencies should be involved in a young person’s transition to adult services, but too often the parent must act as the central point of
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The oldest children at TreeHouse will shortly need transition planning to begin, so that concentrates our minds in a major way. We must ensure that every LEA is committed to effective planning and that all the other agencies get involved early, so that adult services that meet each young person’s needs can be arranged. That is why the clause on co-operation between local authorities and NHS bodies is so absolutely crucial. The Bill takes the whole of that process a stage further and would have a major effect on planning for that transition.
Generally, I am wholly supportive of the Bill. I have only one concern, about individual budgets. I hope that these proposals are taken forward giving the option of individual budgets. In many ways, in many areas, that would be welcomed by disabled adults but there are parents who will be concerned if they have to manage individual children’s budgets; that is one option given in the Bill. I am sure that the noble Lord would accept that some parents would prefer the agencies to manage those budgets for themselves. It is important, too, that individual budgets do not replace direct service provision by public agencies. Of course, that will continue. Not all parents will want to manage the budget for their child’s services, and support services need to be in place to ensure that it is not only those parents with high levels of financial skill and expertise who can benefit from individual budgets. However, that is a very small point that I am sure the noble Lord is aware of, and I strongly and warmly commend and support the Bill.
2.58 pm
Baroness Verma: My Lords, I take this opportunity to thank your Lordships' House for the very warm welcome that I have received and noble Lords for their kind words of wisdom and advice since my introduction. I also thank all the staff of the House for their kindness in helping me move around the House. I have no sense of direction and I often think that a satellite system would be most useful.
I pay tribute to the noble Lord, Lord Janner of Braunstone, who was Member of Parliament for the constituency of Leicester West, when I was growing up. It is from him and his dedication to his constituents that as a child I was inspired to understand the real value of freedom, democracy, pride in one’s country and social justice. It is a great privilege to have this peerage bestowed on me and to seek to contribute to the proceedings of your Lordships’ House alongside the vast experience and knowledge of other noble Lords. I pray that, with your Lordships' support and guidance, I can play a small part.
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The Bill raises some very important points and I welcome the opportunity for debate that it allows. Before continuing, however, I declare an interest as an independent sector provider of care to help support independent living.
Care provision for those experiencing disability at birth or from illness or age-related processes, regardless of whether the disability is physical, mental or emotional, deserves much greater support and investment. I am very pleased to see that my party leader, David Cameron, has placed great emphasis on looking at issues of care provision. Provision is currently fragmented: care levels can vary between different authorities, the systems are often very complicated and bureaucratic, and duplication in some services can lead to great confusion about who is in charge of specific services. The sector is very much the poor relative of the health service and responsibilities are often divided among many partners—the health service, social services and the independent providers, all of whom have budgets which leave them strapped for resources and who most likely cannot provide the care and support that many of us who are able-bodied so readily enjoy.
The Bill raises a debate on life choices and opportunities, about access to services that enable people to live as independent and full a life as possible. However, I believe that the debate should also include the contribution made by non-paid and paid carers who are often the most important factor in the service package provided to support independent living.
Life expectancy has greatly increased because of medical achievements. As it continues to increase, ever greater numbers of people will suffer age-related disability. I do not think that the resulting strains on services have been factored into the forecasts for care level requirements. Huge shortages of professionals already exist, including occupational therapists, district nurses, properly trained social services staff and carers. With the additional factor of people’s desire to remain independent but with support in their homes, it is easy to see how many will find themselves failing to access services that should allow such arrangements to be a right and not just an aspiration.
I return to the role of carers, both paid and non-paid. Carers save the state huge sums by providing the support and the care that big institutions often cannot provide. Yet, time and again, people are failed by the systems under which they live. Respite care is often a lifeline for these families but is so difficult to access. It is valiant of political thinkers to try to evaluate the value of care support, but such evaluations are valueless if they do not include the offset in real value that carers bring by supporting disabled people’s desire for independent living.
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