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House of Lords Official Report Vol. 725 Thursday No. 123 10 March 2011 PARLIAMENTARY DEBATES (HANSARD) HOUSE OF LORDS OFFICIAL REPORT ORDER OF BUSINESS Introduction: Lord Blencathra Questions Autism: Disability Living Allowance Prostitution Anti-Semitism Libya: Bribes Tax Credits Up-rating Regulations 2011 Guardian’s Allowance Up-rating Order 2011 Guardian’s Allowance Up-rating (Northern Ireland) Order 2011 Access to Justice Act 1999 (Destination of Appeals) (Family Proceedings) Order 2011 Family Procedure (Modification of Enactments) Order 2011 Data Protection (Subject Access Modification) (Social Work) (Amendment) Order 2011 Code of Recommended Practice on Local Authority Publicity Referred to Grand Committee Fixed-term Parliaments Bill Order of Consideration Motion House of Lords: Use of Electronic Devices (AWC Report) Motion to Agree British Overseas Territories Debate Zimbabwe Debate Visas: Points-based System Question for Short Debate Written Statements Written Answers For column numbers see back page £3·50 Lords wishing to be supplied with these Daily Reports should give notice to this effect to the Printed Paper Office. The bound volumes also will be sent to those Peers who similarly notify their wish to receive them. No proofs of Daily Reports are provided. Corrections for the bound volume which Lords wish to suggest to the report of their speeches should be clearly indicated in a copy of the Daily Report, which, with the column numbers concerned shown on the front cover, should be sent to the Editor of Debates, House of Lords, within 14 days of the date of the Daily Report. This issue of the Official Report is also available on the Internet at www.publications.parliament.uk/pa/ld201011/ldhansrd/index/110310.html PRICES AND SUBSCRIPTION RATES DAILY PARTS Single copies: Commons, £5; Lords £3·50 Annual subscriptions: Commons, £865; Lords £525 WEEKLY HANSARD Single copies: Commons, £12; Lords £6 Annual subscriptions: Commons, £440; Lords £255 Index: Annual subscriptions: Commons, £125; Lords, £65. LORDS VOLUME INDEX obtainable on standing order only. Details available on request. BOUND VOLUMES OF DEBATES are issued periodically during the session. Single copies: Commons, £105; Lords, £40. Standing orders will be accepted. THE INDEX to each Bound Volume of House of Commons Debates is published separately at £9·00 and can be supplied to standing order. WEEKLY INFORMATION BULLETIN, compiled by the House of Commons, gives details of past and forthcoming business, the work of Committees and general information on legislation, etc. Single copies: £1·50. Annual subscription: £53·50. All prices are inclusive of postage. © Parliamentary Copyright House of Lords 2011, this publication may be reproduced under the terms of the Parliamentary Click-Use Licence, available online through The National Archives website at www.nationalarchives.gov.uk/information-management/our-services/parliamentary-licence-information.htm Enquiries to The National Archives, Kew, Richmond, Surrey, TW9 4DU; email: [email protected] 1749 Introduction: Lord Blencathra[10 MARCH 2011] Autism: Disability Living Allowance 1750 bring a carer, a family member or a professional with House of Lords them so that we get the best evidence-based result that we possibly can. Thursday, 10 March 2011 11 am Lord Touhig: My Lords, the Government’s decision to scrap the mobility award for people in residential Prayers—read by the Lord Bishop of Leicester. care will certainly adversely affect those with autism. There is now to be a review, although I share the view of the National Autistic Society that the original Introduction: Lord Blencathra decision was wrong and no review is necessary. However, we are where we are, so can the Minister tell the House what the terms of reference for the review will be? 11.08 am The right honourable David John Maclean, having been Lord Freud: My Lords, there is no review. We are created Baron Blencathra, of Penrith in the County of reviewing the position of the mobility allowance in the Cumbria, was introduced and took the oath, supported context of an overall look at the personal independence by Lord Waddington and Lord Howard of Lympne, and payment. As I have told the House in the past, we are signed an undertaking to abide by the Code of Conduct. committed to making sure that people in residential care homes maintain mobility. Autism: Disability Living Allowance Question Lord Wigley: My Lords, I first declare an interest as patron of Autism Cymru. With regard to the flexibility that will be needed in the new system, in view of the 11.13 am very wide range of conditions that fall within the Asked By Baroness Browning spectrum of autism, how will he ensure that there will be sufficient sensitivity to the needs of the individual To ask Her Majesty’s Government what impact in the context of these interviews to which reference changes to the disability living allowance will have has already been made? on people with autism. Lord Freud: My Lords, that is a key point. One of The Parliamentary Under-Secretary of State, the main changes we are making to the work capability Department for Work and Pensions (Lord Freud): My assessment is exactly about this sensitivity. Professor Lords, we are still designing the personal independence Paul Harrington, who is conducting the reviews, made payment assessment so it is not yet possible to comment a series of recommendations as to how we should on its impact on people with autism spectrum disorders. adjust this assessment that we inherited to make it However, we are committed to ensuring that it reflects more sensitive. We will have learnt those lessons, and the needs of all individuals effectively. We recognise will ensure that we pull that over into the personal that the current assessment criteria for disability living independence payment. allowance can favour physical impairments and do not always fully reflect the needs of disabled people with mental, intellectual, cognitive and development Lord German: My Lords, is my noble friend the impairments, including autism. Minister right to say that the previous scheme used for the migration to the employment and support allowance Baroness Browning: My Lords, I declare an interest would not be appropriate for this form of assessment as the main carer for an autistic adult in receipt in the future successor programme to the DLA? Given of DLA. I am grateful to my noble friend for that that so many people were assessed and then went on Answer. Do the Government accept that autism is a successfully to appeal against their assessment, we communication disorder, and that a face-to-face interview surely now need a different system. Can the Minister with a stranger should be carried out only in the presence tell us whether we have cracked the nut about how we of a professional or carer who knows the autistic assess people with the sorts of disabilities that autism person? Otherwise, autistic people will not turn up at presents over such a wide spectrum? all and so lose their benefit, or the assessment will result in them losing the benefit on which they rely. Lord Freud: My Lords, I thank my noble friend for what is actually a very complicated question to answer Lord Freud: My Lords, I thank my noble friend for briefly. This is a different assessment. The personal bringing up this really important matter. As I say, we independence payment is looking at what people need are designing the personal independence payment to function in their daily lives, whereas the work now. One of the things that we want to get absolutely capability assessment is designed to look at whether right is how we look after the most vulnerable. The people are capable of working. They are different. We default position is that we would like to see people face need to make sure that we do not have too many to face, but where that is not realistic, helpful or tribunal cases. At the moment, under DLA, tribunal appropriate we will not be doing so. We will also cases are at 11 per cent, which is too high. One of the encourage people, autistic people as well as others, to attractions of going to a consistent, coherent new 1751 Autism: Disability Living Allowance[LORDS] Prostitution 1752 [LORD FREUD] The Minister of State, Home Office (Baroness Neville- personal independence payment is that we can have Jones): My Lords, the Government are looking at the criteria which make it much less obvious that people approaches taken towards prostitution in different need to go to tribunal. localities throughout England and Wales in order to identify effective practice in terms of policing, minimising Baroness Pitkeathley: My Lords, I declare an interest harm, multiagency working and enabling people involved as the person who took the Autism Bill through your in prostitution to leave it. Practical guidance for local Lordships’ House. The Minister will know that that areas will be published later in the spring. As the noble Bill placed an obligation on local authorities to survey Baroness will be aware, the Government have accepted the number of adults with autism in their area to 21 of the 23 recommendations of her recent review. I ensure that there are enough services for them and should like to thank the noble Baroness, particularly their carers. Given the restrictions on local authority on behalf of the Home Secretary, for the wisdom and budgets, has he any concerns that they will not be able hard work that she has brought to this issue. to do this, thus further disadvantaging people with autism and their carers? Baroness Stern: I thank the Minister for that extremely Lord Freud: My Lords, we are all indebted to the encouraging reply and for her very kind remarks about noble Baroness for taking that Bill through the House.
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