Welfare Reform Bill

moved Amendment No. 38: 38: Clause 8 , page 7, line 6, at end insert— ““(7) The Secretary of State shall require the Commission for Equality and Human Rights to publish an annual report on the operation of the assessment for limited capability for work under this section.”” The noble Lord said: That there should be a genuinely independent and regular report on how these major changes are working is an important and basic principle to establish. The high level of incapacity benefit appeals being upheld shows that the assessment process is failing a significant number of claimants. We believe that our amendment is a useful way of ensuring that information on the effectiveness and accuracy of the assessment is collected and made available for public scrutiny. There was considerable and revealing debate on this topic in the Commons. This particular amendment was not called in the Commons, but similar amendments on this approach were debated. There was considerable cross-party support for the principle we are proposing. The Labour MP Roger Berry was very clear on that. Indeed, I was impressed with the remarks of the Conservative Member, Jeremy Hunt, who said: "““The new clause is not particularly onerous. It will not cost the taxpayer any more, but it goes to the heart of the Government’s commitment to make sure that the new employment and support allowance succeeds where incapacity benefit has failed””—[Official Report, Standing Committee A, 9/1/07; col. 160.]" The Minister in another place, Mr Murphy, was steadily pushed backwards as he responded. Because of the fact that the amendment we are discussing was not called in Committee in the other place, the Minister hid behind a rather technical series of excuses, saying that the Office for Disability Issues would not be the appropriate body to make such a report, given that it is part of the Department for Work and Pensions and this would cut across its operational responsibilities. We accept that, but those arguments do not apply to the Commission for Equality and Human Rights. The Minister also talked about the ongoing evaluation of independent experts from the working groups who would be able, from 2008-10, to remain in place to offer assessment, challenge and observations about the operation of the revised PCA. If I may say so, that is a classic controlled review, as we so frequently used to enjoy seeing ordered by Sir Humphrey in ““Yes Minister””. It is not in any way a proper independent assessment, as we are asking for in this case. I beg to move.