Welfare Reform Bill

It would not, of course, be the Government, a Minister such as myself or any politician who would take that decision. Medical evidence and advice and the views of personal advisers would determine that it was not appropriate or in the interests of the person concerned to volunteer for such an interview. The example that I used earlier was of someone who had an aneurysm—a point of weakness near the brain. Such a person might say that they wished to volunteer, but the medical advice would be that that was not appropriate at the time, but that help to get treatment, perhaps an operation and other medical support might enable them to volunteer later. That is an entirely sensible and sensitive approach to this progressive policy, and new clause 7 would undermine that. Amendment No. 87 refers to the provision of information to those in the support group about their ability to volunteer for work-related activity. I hope that I can provide additional reassurance in that regard. Currently, in pathways to work areas, all new customers, including those exempt from the requirement to take part in interviews, are, where appropriate, provided with a package of information on the support on offer. Furthermore, where appropriate, a personal adviser explains in a telephone call the access to provision in more detail. We are building on that approach through the questionnaire accompanying the invitation to tender for provider-led pathways areas, which specifically asks how the provider will ensure consistent delivery to mandatory and voluntary customers. That is clear in the key criteria set out in documentation to prime contractors, which has been placed in the Library of the House. When the employment and support allowance is introduced, we will continue to provide information about opportunities for appropriate voluntary participation to all customers. As always, we need to work to improve those communications, to which I have alluded. Again, we will provide the information to support group customers under the Employment and Training Act 1973. We already use the existing power in that Act to do that for the exempt group in pathways areas. In relation to amendment No. 3 tabled by the hon. Member for Inverness, Nairn, Badenoch and Strathspey (Danny Alexander), the work-focused health-related assessment is a key element of our aim to provide people with the support that they need to move from dependency on benefits and into work. I acknowledge that the amendment is probing, so I will not be as critical as I would have been were he seeking to divide the House on it. Such an amendment, which would remove the work-focused health-related assessment in its entirety, would morph the refined PCA back into the IB kind of PCA. I accept that a legitimate conversation is to be had about when the work-focused health-related assessment should take place, although not about whether it should take place in principle. On the points made by my hon. Friends the hon. Members for Bradford, North (Mr. Rooney), for Kingswood (Roger Berry), and for Blackpool, South (Mr. Marsden), we will pilot the work-focused health-related assessment during 2007, and we have listened to the concerns raised in the debate. As we said in Committee, our preference is for the medical assessment and work-focused health-related assessment to take place on the same visit, as part of a process in which the customer makes one visit. That is convenient for the customer. Again, only having the medical assessment would mimic the worst parts of the current IB PCA. The work-focused health-related assessment focuses on what a person can still do in the world of work and what medical intervention and support is appropriate, which is a much more progressive approach. We have listened to the points made by my hon. Friends, however, and we will reflect further on how we operate that in practice, so that we can support our customers in the most progressive manner. The amendment tabled by my hon. Friends the Members for Bradford, North and for Kingswood, which was supported by my hon. Friend the Member for Blackpool, South, would give the customer the opportunity to decide the time and place of the interviews. I think that the amendment refers to giving the right to all customers in all circumstances to decide that, which is not an idea to which we are attracted. We will discuss further, in relation to draft regulations to be provided, how, when a customer’s health dictates that it is appropriate, the customer can say, with supporting medical evidence, that their medical condition would make travel to an assessment centre inappropriate, and that they would prefer heath professionals or those carrying out the health assessment and the work-focused health-related assessment to come to their home. In some circumstances, that would be more effective, and we will seek to reflect that in draft regulations. We will be happy to discuss that with my hon. Friends. On amendments Nos. 1 and 2 tabled by the hon. Member for Inverness, Nairn, Badenoch and Strathspey and the hon. Member for Yeovil (Mr. Laws), we know that people on benefits can quickly lose their motivation and confidence. We do not want such people to miss out on the work-focused health-related assessment, which is why we are mandating people to take part or face sanctions for failing to do so without good cause. We will ensure that people with mental health problems are not penalised without contact having first been made with them or their carers. On sanctions, I wish to confirm the points made by the hon. Member for Inverness, Nairn, Badenoch and Strathspey and disputed by my hon. Friend the Member for North-East Derbyshire (Natascha Engel) about the backdating of sanctions. We will never sanction in the assessment phase. Nor will we reclaim retrospectively money already paid to the customer in the assessment phase. I hope that that reassures the hon. Member for Inverness, Nairn, Badenoch and Strathspey. I also hope that my comments have encouraged my hon. Friends not to press their amendments to a vote, and have given some reassurance to Conservative Members supporting new clause 7. There is no power to sanction the support group in the Bill, and there will be no such power in the guidance or in operation. We will not seek to impose a sanction on any member of the support group for volunteering to participate in an interview. A changed PCA, not the act of volunteering, would remove someone from the group.