Category: Democracy

JP Morgan wants Europe to be rid of social rights, democracy, employee rights and the right to protest

 Published: June 25, 2013

I read a very worrying article from Richard Murphy, director of Tax Research UK.


His article was originally posted in Good Society

JP Morgan

Murphy says: In late May, J P Morgan issued a chilling review of what they saw as the state of progress on tackling the Eurozone crisis. As they put it:

“The narrative of crisis management in the Euro area has two dimensions: first, designing new institutions for the next steady state (EMU-2); and second, dealing with the national legacy problems, some of which were there at EMU’s launch and some of which arose during the first decade of the monetary union’s life.”

Their assessment of progress is:

Sovereign deleveraging—about halfway there.

• Real exchange rate adjustment—almost there for a number of countries.

• Household deleveraging in Spain—about a quarter of the way there in stock terms, but almost there in flow terms.

• Bank deleveraging—hard to say due to heterogeneity across countries and banks, but large banks have made a lot of progress.

• Structural reform—hard to say but progress is being made.

Political reform—hardly even begun.

I could comment on the first five issues, but it is the last that is most chilling. A view of  ‘the journey of national political reform’ as they see it:

“At the start of the crisis, it was generally assumed that the national legacy problems were economic in nature. But, as the crisis has evolved, it has become apparent that there are deep seated political problems in the periphery, which, in our view, need to change if EMU is going to function properly in the long run. The political systems in the periphery were established in the aftermath of dictatorship, and were defined by that experience.

Constitutions tend to show a strong socialist influence, reflecting the political strength that left wing parties gained after the defeat of fascism. Political systems around the periphery typically display several of the following features: weak executives; weak central states relative to regions; constitutional protection of labor rights; consensus building systems which foster political clientalism; and the right to protest if unwelcome changes are made to the political status quo. The shortcomings of this political legacy have been revealed by the crisis.

Countries around the periphery have only been partially successful in producing fiscal and economic reform agendas, with governments constrained by constitutions (Portugal), powerful regions (Spain), and the rise of populist parties (Italy and Greece).

There is a growing recognition of the extent of this problem, both in the core and in the periphery. Change is beginning to take place. Spain took steps to address some of the contradictions of the post-Franco settlement with last year’s legislation enabling closer fiscal oversight of the regions. But, outside Spain little has happened thus far. The key test in the coming year will be in Italy, where the new government clearly has an opportunity to engage in meaningful political reform. But, in terms of the idea of a journey, the process of political reform has barely begun.” 

What J P Morgan is making clear is that socialist’ and democratic  inclinations  must be removed from political structures; localism must be replaced with strong, central, authority; labour rights must be removed, consensus (call it democracy if you will) must cease to be of concern and the right to protest must be curtailed.

This is an agenda for hard right, corporatist, centrist government. There’s another word for that, and it’s what the bankers seem to want.

You have been warned. Amazingly, they had the nerve to issue the warning.”


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Part 2: They mean business – Kitty S Jones

“Fascism should more appropriately be called Corporatism because it is a merger of state and corporate power” – attributed to Benito Mussolini, but probably came from Giovanni Gentile, the philosopher of fascism, in the first edition of the Italian Encyclopedia (Enciclopedia Treccani).

“The real corruption that has eaten into the heart of British public life is the tightening corporate grip on government and public institutions – not just by lobbyists, but by the politicians, civil servants, bankers and corporate advisers who increasingly swap jobs, favours and insider information, and inevitably come to see their interests as mutual and interchangeable… Corporate and financial power have merged into the state.” – Seumus Milne

JP Morgan’s proto-fascist document can be accessed here: The Euro Area Adjustment—About Half-Way There. Firstly, they say that financial measures are ‘necessary’ to ensure that major investment houses such as JP Morgan can continue to reap huge profits from their speculative activities in Europe. Secondly, the authors maintain, it is necessary to impose ‘political reforms’ aimed at suppressing opposition to the massively unpopular austerity measures being imposed at the behest of the banks. 

The authors write: “The political systems in the periphery were established in the aftermath of dictatorship, and were defined by that experience. Constitutions tend to show a strong socialist influence, reflecting the political strength that left-wing parties gained after the defeat of fascism.

“Political systems around the periphery typically display several of the following features: weak executives; weak central states relative to regions; constitutional protection of labour rights; consensus-building systems which foster political clientalism; and the right to protest if unwelcome changes are made to the political status quo. The shortcomings of this political legacy have been revealed by the crisis.

Whatever the historical inaccuracies in their analysis, there can not be the slightest doubt that the authors of the JP Morgan report are arguing for governments to adopt authoritarianism to complete the process of social counterrevolution to austerity that is already well underway across Europe.

What JP Morgan is making clear is that anything resembling ‘socialism’ or inclinations towards the left of the spectrum must be removed from political structures; localism must be replaced with strong, central authority; labour rights must be removed, consensus (democracy) and the right to protest must be curtailed.

In short, JP Morgan are calling for extremely authoritarian measures to suppress the working class and wipe out its social gains since the post-war settlement. This is the proto-fascism and reflects the unadulterated anti-philanthropic voice of  neoliberalism, which is incompatible with human rights, social liberalism and democracy.

Fascism

Some additional information:

Harriet BaldwinConservative MP for West Worcestershire is the former managing director of JP Morgan Asset Management. 

JP Morgan are major players in healthcareAccording to their website they serve: 1,100 hospitals, 8 of the top 10 health insurers, thousands of physicians groups, top five pharmacy benefit managers, six of the top eight pharmacy retailers. JP Morgan are very heavily invested in healthcare.

See also: Corporate power has turned Britain into a corrupt state.

We are witnessing increasing privatisation of key State functions – particularly in previously “untouchable” areas, such as policing and our legal system. The coercive functions of the State are being subsumed by private corporate entities. These are very frightening developments with horrific implications – for example, many citizens will no longer have a right to access to justice: an inalienable right to a free and fair trial. This is an established, fundamental human right, and it’s expected that human rights and laws are observed and upheld by a so-called free democratic and liberal State.

Chomsky’s concept of Necessary Illusions in Manufacturing Consent is linked to powerful elites dominating how life happens – shaping human experiences – and most people, some 90% of the population, are marginalised, diverted from political awareness, participation in self-governing, and reduced to apathy so they don’t vote or take responsibility for the quality of our lives, as a social collective. Media are a tool of society’s elites and owned and controlled by them and are used to impose those illusions – propaganda tools – that are necessary to keep people diverted from participation, empowerment, and the political process.

Chomsky said that the major form of authority that really needs challenging is the system of private control over public resources. Such privatisation (and economic enclosure) is something our own government is galloping along with at full tilt. It’s a system that entails the dispossession of the majority of citizens (the 99%) by a wealthy and powerful minority (the 1%).

“The real corruption that has eaten into the heart of British public life is the tightening corporate grip on government and public institutions – not just by lobbyists, but by the politicians, civil servants, bankers and corporate advisers who increasingly swap jobs, favours and insider information, and inevitably come to see their interests as mutual and interchangeable… Corporate and financial power have merged into the state.” – Seumus Milne.

Hello America.

Chomsky believes (and so do I) that our biggest hope lies with ordinary people and in the understanding that all changes in history have come because people build a foundation for change at a grassroots level. Ordinary people are very capable of understanding the world, yet must work TOGETHER to get beyond the imposed information and strive to act in accordance with their own decent interests, developing independent minds and critical thought.

Chomsky asserts that in order to break free, citizens must take 2 actions:

1. They must seek out information from ALTERNATIVE MEDIA (media outside of the mainstream)

2. They must move toward change by becoming engaged in (cooperative) community action – because people can use their ordinary intelligence to make changes in their lives and communities. Grassroots movements begin there. And we must also practice what we preach. If we want a more equal society, we must treat each other as equals. If we value human rights, we must also recognise the fundamental fact that each life has equal worth. 

So, my friends, we have already begun this journey here, as our own virtual community, and now we must continue to build and grow.

That means we have to learn to be cooperative, mutually supportive, strong and purposeful. We have to stay focused, refuse to be diverted or divided by superficial difference. We have to be united, because this really is a fight; it’s a battle that we must win.

All that is decent and civilised depends on us winning, because the Tory-led coalition are not going to suddenly see the error of their ways and begin to recognise and realise the equal worth of all human lives, nor are they going to stop prioritising generating profits for their sponsors and donors over and above the fundamental priority of human lives, and as is increasingly the case now – it is often at the expense of those lives that private companies prosper.

The dominant ideology – neoliberalism – is propped up by ideals of competing interests, artificial divisions, divide and rule strategies, and elitist psychological egoism. We need to stand outside of that to breath and to survive, ultimately.

We know that the Coalition have served the needs of private companies very well via “business friendly” policies, and that has been at the expense of recognising the human needs of many. Indeed “costs not needs” ought to be the mantra of the Tories, and reflects very well what we see: the shifting priority and funding of public services that meet social needs to private companies that exist solely to generate profit, and they do this by cutting cost and providing services as cheaply and as barely as possible.

This is all propped up by an overarching New Right Conservative brand of ideology. We see the once discredited notions of competitive individualism  and social Darwinism embedded in contemporary media narratives, and at the heart of draconian policies. Ideology is mainstreamed and naturalised.

Those brutal policies threaten the very fabric of our civilised, democratic  society, and undermine the quality and authenticity of our experiences as human beings.

“Competition may be the law of the jungle, but cooperation is the law of civilization.” – Peter Kropotkin

Further Reading:

Corporate Research Project: JPMorgan Chase

Is JPMorgan Chase America’s Most Corrupt Bank?

Dimon’s JPMorgan Chase: Why It’s the Scandal of Our Time

JPMorgan Chase Manipulation Scandal Raises Specter Of Enron

Why JPMorgan Wants to See More Americans on Food Stamps

Benefits payment in U.K. (banking operation)

The company (JP Morgan) is currently providing the banking license and the electronic benefits transfer banking engine for the card accounts of the Post Office for the financial issuances of the DWP, after an application to the High Courts of England and Wales on the 24th of January 2006 for transfer of banking operations from the previous provider Citibank. The deal of exchange of services was valued at $380,000,000. That’s £249,147,760.00.

That’s a lot of private profit to be had from a publicly funded social safety net originally designed to meet basic human needs in times of hardship.


I don’t make any money from my work. I am disabled because of illness and have a very limited income. But you can help by making a donation to help me continue to research and write informative, insightful and independent articles, and to provide support to others. The smallest amount is much appreciated – thank you. 

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PIP and the Tory monologue

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Here is a very important leaked correspondence between Dame Anne Begg and Esther McVey regarding PIP. (Personal Independence Payment, which is to replace Disability Living Allowance.) The correspondence flags up some serious concerns regarding a lack of transparency and accountability, responsiveness and a basic lack of following established democratic norms and protocol on the part of  the current Government. Mounting successful challenges to reform requires having detailed information regarding that reform. Here is clear evidence that the Conservatives are intentionally stifling democratic dialogue.

There are some serious issues raised in Esther McVey’s response that signal some very worrying changes to advisory groups and their role in how they influence policies. Esther McVey is indicating that the Secretary of State has already moved away from dialogue with, and paying heed to independent groups, as well as secretly deciding that any input and advice at all does not need to be published and open to public scrutiny. It signals that the Government will no longer be obliged to do anything more than pay lip service to consulting independent groups. Of course such consultations are crucial mechanisms of democratic process, scrutiny, the safeguarding of human rights, as well as Government transparency and accountability. Here we see evidence that these mechanisms are being very quietly dismantled. This clearly signals an authoritarian turn on the part of the government.

McVey has managed to avoid going before the Work and Pensions Select Committee, and she is telling the Committee that she intends to publish the Government’s response the SAME DAY as the secondary regulations are presented to Parliament. This gives us no time whatsoever for scrutiny, analysis, preparation or effective challenge.

Letter from Anne Begg to Esther McVey:

Dear Minister

Disability Living Allowance and Personal Independence Payment (PIP)

You will be aware from the debate in Westminster Hall on 25 October that the Committee has a number of outstanding concerns about the eligibility criteria and plans for implementation for PIP. As you know, we had hoped to explore these issues in an evidence session with you in November. Committee staff had been in the process of trying to identify a suitable date through your officials.

We first invited you to appear during the week of 5 November but you did not have a diary slot available that week. You then offered 9.00 am on 12 or 13 November, but neither of these was possible for Committee members (particularly as one was a Monday morning when we are travelling from our constituencies). Our next suggestion was 21 November.

The issue now seems to have moved on from being simply a diary problem. Your officials have indicated that you would prefer not to give evidence before the PIP Regulations are published because you feel you would be unable to answer the Committee’s questions. I would like to make clear that our intention was that our evidence session should inform the drafting of the Regulations, and the eligibility criteria, before they are finalised and laid before Parliament. The change in your position suggests to us that final decisions have already been made.

We would be grateful for your response to the following questions to help clarify the situation:

1. When do you plan to respond to the consultations on the draft assessment criteria and thresholds and on finalising the detailed rules for PIP?

2. Will the relevant Regulations, including the draft assessment criteria, be published in draft and subject to some form of further consultation, before they are laid before Parliament? If so, what is the timescale for this and what scope will there be to amend them further?

3. When do you expect the final Regulations to be laid (officials have been able to tell us only that they will be laid “before the end of the year”). If it is your position that it is already too late for the Committee to influence the finalising of the relevant Regulations, I would ask you to give a commitment to appear before us as soon as possible after they are laid, to explain the rationale for the final decisions you have made.

Draft Public Bodies (Abolition of the Disability Living Allowance Advisory Board) Order 2013

Departmental select committees (DSCs) have a formal role in scrutinising draft Orders laid under the Public Bodies Act. Departments are required to bring these draft Orders to the attention of the relevant DSC. The Committee has the power, as set out in Cabinet Office guidance, to recommend an extension of the laying period to 60 days if it decides this is necessary to ensure proper scrutiny.

DWP staff failed to bring the Draft Order on the DLA Advisory Board, which was laid on 15 October, to the Committee’s attention. The Committee staff only became aware of it because the House of Lords Secondary Legislation Scrutiny Committee contacted them to discuss the respective action each committee planned to take.

We are concerned about this lack of recognition by the Department of my Committee’s formal scrutiny role in relation to draft Orders under the Public Bodies Act. Officials have tried to allay the Committee’s concerns about the draft Order by saying that it does not do anything significant. I would make two points about this. Firstly, it is for the Committee to decide whether any matter within its remit is significant or not, including draft Orders. Secondly, the agreed formal procedures should be adhered to whether or not officials regard an issue as significant.

I would be grateful for your assurance that the Department will adhere to the agreed procedure on future occasions.

We understand that the Lords Scrutiny Committee has expressed concerns about the Department’s failure to carry out any consultation on the proposed abolition and has recommended an extension of the scrutiny period to 60 days [12th Report, HL 55, 1 November 2012]. We agree with this recommendation.

Turning to the substantive issues raised by the draft Order, the Committee staff made clear to your officials that we were willing to deal with these as part of the broader oral evidence session with you on PIP—if you had been able to attend a meeting before the 40-day laying period expires on 28 November.

As you no longer intend to appear before us in November, we would be grateful for your response to the following questions on the implications of the abolition of the DLA Advisory Board:

1. What measures will be put in place to protect the interests of non working-age claimants who will continue to claim DLA?

2. What measures will be put in place to protect the interests of working-age DLA claimants prior to their migration to PIP?

3. What will be the composition of the PIP advisory group referred to in paragraph 7.5 (b) of the PBO explanatory memorandum?

4. Will the advice of the PIP advisory group be published?
I would be grateful for your response by Friday 9 November.

Yours sincerely
Dame Anne Begg MP

Chair
Dame Anne Begg.

I suppose the terms of authoritarianism extend to have an impact on opposition parties and affect their capacity to gather information and organise actions much the same as they do campaigners and the general population. Again, without being provided with information and crucial detail, it becomes very difficult to mount a successful challenge against controversial legislation. This is a Government that does exactly what it chooses, and barely bothers justifying itself. Consider, for example, that no impact assessment was carried out regarding the welfare reforms. Or that the risk register concerning the Health and Social Care Bill has yet to be published and made accessible to the public.

It’s also noteworthy that Cameron is currently proposing that consultations, equality impact assessments, audits, judiciary review are all simply “inconveniences” that are (and I quote) “… not how you get things done…” 

Ask yourself what kind of things Cameron “wants to get done” bearing in mind that every single policy that this Government has designed and implemented has been about taking money away from the poorest people, and reducing the lives and experiences of the most vulnerable citizens, rather than enhancing those lives in any way.

Consider that these legislative mechanisms are important to democratic process, accountability, procedure and law, as well as being basic human rights safeguards. This is a Government that clearly is not about reflecting and meeting the needs of the public.

The Government have been made aware that sick and disabled people are dying after Atos have assessed them as fit for work. Ask yourself what kind of Government flatly and loudly denies that this is the case, without investigating the truth of the many serious concerns raised, and looking at the many cases that have been presented to them during debates in Parliament. What kind of Government tells lies about marginalised social groups, and propagates hateful stereotypes of marginalised citizens in the media to justify removing their welfare – calculated to cover basic living costs. Welfare provision is paid for via taxes, which many sick and disabled people have also paid. Our welfare support is NOT a “handout”: it is our money, our national insurance, paid by us for when we have a need of support. Social security.

Below are a couple of key paragraphs from McVey’s response to Dame Begg. These reflect the quiet dismantling of the Disability Living Advisory Committee, and the fact there is no advisory report or a formal advisory group regarding the development of PIP. Note again that the Government is not big on following procedure, or being transparent, accountable and consultative.

E. McVey: “Public Bodies (Abolition of the Disability Living Advisory Board) Order 2013

Please accept my apologies that the draft Order was not formally brought to the attention of the Committee as it should have been done. I understand that Cabinet Office made the Secretariat of the Committee aware that a draft Order was in the offing earlier in the year but unfortunately procedures were not followed through on a formal basis as they should have been. I will ensure that the Department will adhere to the agreed procedure on future occasions.

I hope my answers to your questions explain why we have taken the view that this Body which has not been asked to give any advice since 2008 had an extremely limited remit and why officials thought it proportionate to deal with the questions you raise on a correspondence basis. We certainly had no intention of disparaging the important role the Committee undertakes. I have set out my replies to your questions below.”….

“There will not be a PIP Advisory Group in the way that the Disability Living Allowance advisory group operates. In the Explanatory Document to the Public Body Order we explain that we have decided to use time-limited advisory groups and that the people asked to help us develop the assessment criteria for Personal Independence Payment (the Assessment Development Group) encompassed a wide range of expertise across health, social care and disability, including from occupational therapy, psychiatry, physiotherapy, social work, general practice, as well as representatives from Equality 2025 and Disability Rights UK. We included the Assessment Development Group in the Explanatory Memorandum as an example of how the Secretary of State is using a time-limited advisory group in policy development.”….

[Note the fact that the time limited invisible Advisory group approach doesn’t apply to just the PIP legislative development, it is to apply to ALL policy development. Also note she later goes on to say that “There was no FORMAL Advisory group, there is therefore no formal report from the Group, nor is there a requirement to publish their advice.”]

Section 89 of the Welfare Reform Act 2012 requires the Secretary of State to lay before Parliament an independent report on the operation of assessment within two years of regulations under section 80 coming into force and a second report within four years of that date.

Will the advice of the advisory Group be published?

As mentioned above there is no formal Advisory Group. The assessment criteria for Personal Independence Payment were developed in close collaboration with the Assessment Development Group. Although members sometimes submitted written comments on proposals, advice was generally given verbally and captured in meeting minutes.

There is therefore no formal report from the Group, nor is there a requirement to publish their advice, although we have published details of the development process in the explanatory notes which have accompanied the first and second drafts of the assessment criteria. The explanatory notes can be found at http://www.dwp.gov.uk/policy/disability/personal-independence-payment/the-assessment-criteria/

I hope this reply is helpful to the Committee.

Esther McVey MP
Parliamentary Under Secretary of State and Minister for Disabled People

Anne Begg : “Disability groups have not been consulted about the framing of the PIP assessment contracts or the guidance to assessors, so, although there has been limited consultation, the wider implications of how the measure will work in practice have not been subject to any kind of co-production. In one meeting, the Disability Benefits Consortium told us that the documents had been counted in and counted up, and that it had been given 15 minutes to look at them. That, again, is hardly co-production.

On the PIP assessment, the Government have said that there will be a requirement for face-to-face assessments for most claimants. That also raises a number of questions. On what basis did the Government come to that conclusion? Will the Government not be able to take account of existing evidence in most cases? That leads me to a question on a slightly different point: will there be any transfer of information already held by the Department for Work and Pensions, so that people do not have continually to remind it of such things as, “This is a glass eye, and of course I am not going to see out of it.” That is not as daft as it sounds. Sometimes, when people have gone for a WCA they have been asked what vision they have in their left eye when they have not had a left eye for decades.” – Dame Anne Begg, Daily Hansard – Westminster Hall 25 Oct 2012 : Column 319WH Westminster Hall.

Here is the full response from Esther McVey :

Dame Anne Begg MP
Chair
Work and Pensions Select Committee
7 Millbank
LONDON
SW1A 0AA
8 November 2012

Dear Anne

Thank you for your letter of 1 November. I am sorry we have been unable to identify an opportunity in November for me to appear before the Select Committee to discuss the PIP assessment criteria and regulations.

The Department has taken considerable time to develop the assessment criteria, throughout which we have sought to be transparent and to engage with and seek the views of disabled people, their organisations and parliamentarians. Our initial proposals for Disability Living Allowance reform, including the high-level principles of the assessment, were published in December 2010.

We published a first draft of the detailed proposals for the assessment criteria and regulations in May 2011, a second draft in November 2011 and ran significant consultations on both. The consultation on the second draft ran from January to the end of April this year, during which we received around 1,100 written responses and met with around 60 disability organisations.

Since the consultation closed on April 30 the Department has been carefully considering the responses received to identify any areas that we need to change to ensure that the assessment is both fair and operates effectively. As part of this we have also considered the comments made in the Select Committee’s report of 19 February and during the evidence session attended by my predecessor in December 2011.

We have also been working to test proposals for change, so we can understand the likely impact of the revised assessment. This work has now concluded and we have reached conclusions on the content of the finalised assessment criteria and regulations. We are now in the process of finalising the drafting of the government response and regulations and discussing the detail with colleagues across government.

We intend to publish a joint response to the consultations on the assessment criteria and benefit rules as soon as it is ready. While we do not yet have a firm date for publication, I am confident that it will be before the December recess. I do appreciate that many people would have liked an earlier response but it has been essential to take our time on this important issue and make sure we get the decisions right.

We have also not yet reached any final decisions on the publication of the PIP regulations but I think it likely that the key regulations will be published and laid on the same day as the government response.

Given the significant engagement that has already been undertaken, we are not intending to carry out any further consultation on draft regulations. However, we agreed during the passage of the Welfare Reform Act that the key regulations on PIP relating to benefit entitlement would be affirmative, which will allow Parliament further opportunity to scrutinise them.

I realise that this response is likely to be disappointing. However, I do consider that the development of our proposals for PIP has been carried out in a transparent and consultative fashion and that there has been full opportunity for the Committee to comment and offer suggestions for changes over the two year development process. We will be offering briefing sessions to MPs and Peers to explain the government response and regulations before the regulations are debated and I would be very happy to appear before the Select Committee to do the same to explain the rationale, as you suggest.

Draft Public Bodies (Abolition of the Disability Living Advisory Board) Order 2013

Please accept my apologies that the draft Order was not formally brought to the attention of the Committee as it should have been done. I understand that Cabinet Office made the Secretariat of the Committee aware that a draft Order was in the offing earlier in the year but unfortunately procedures were not followed through on a formal basis as they should have been. I will ensure that the Department will adhere to the agreed procedure on future occasions.

I hope my answers to your questions explain why we have taken the view that this Body which has not been asked to give any advice since 2008 had an extremely limited remit and why officials thought it proportionate to deal with the questions you raise on a correspondence basis. We certainly had no intention of disparaging the important role the Committee undertakes. I have set out my replies to your questions below.

1. What measures will be put in place to protect the interests of non working-age claimants who will continue to claim DLA?

DLAAB ‘s function is to issue the Secretary of State with independent advice. It does not exist to protect DLA claimants’ interests although of course the Board members had an interest in the integrity of the benefit system. It is not part of the decision making process for benefits and has no power to intervene in individual claims for Disability Living Allowance and Attendance Allowance. DLAAB has not provided any advice since 2008.

Work undertaken by the Board over the years concentrated mainly on medical reports on specific conditions or illnesses. This was usually because the department had detected a potential issue. For instance the department noted that DLA spending on “behavioural disorder” cases (which included ADHD cases) had increased much more rapidly than spending on other child recipients. In light of this the Board was asked to advise:

  •  whether there has been an increase in the number of children diagnosed with ADHD generally and, if so, suggest reasons for the increase; and 
  •  could the increased numbers of children in receipt of DLA be directly related to the increase in diagnosis or were there other reasons?

The Secretary of State will still commission work if he thinks this is necessary using task and finish groups as and when required and ensuring that the appropriate specialisms are covered. Even with the wide breath of professions covered by DLAAB it was still necessary on occasion to co-opt professionals with particular expertise as in the Attention Deficit Hyperactivity Disorder study where a Consultant Child and Adolescent Psychiatrist was asked to provide advice.

Claimants have always had the right to ask for a reconsideration if they are unhappy with a decision and then appeal to an independent tribunal if still dissatisfied. The Welfare Reform Act 2012 includes powers to require all claimants to seek a reconsideration before they can appeal to an independent tribunal. There is a complaints system which claimants can utilise which is advertised on the DWP website. Claimants may also apply to the Independent Case Examiner, if they consider the department has not treated them fairly or have not dealt with complaints in a satisfactory manner.

2. What measures will be put in place to protect the interests of working-age DLA claimants prior to their migration to PIP.

As explained above this was never the role of DLAAB. The same rights apply to working- age and non working-age people.

3. What will be the composition of the PIP advisory group referred to in paragraph 7.5 (b) of the PBO explanatory memorandum?

There will not be a PIP Advisory Group in the way that the Disability Living Allowance advisory group operates. In the Explanatory Document to the Public Body Order we explain that we have decided to use time-limited advisory groups and that the people asked to help us develop the assessment criteria for Personal Independence Payment (the Assessment Development Group) encompassed a wide range of expertise across health, social care and disability, including from occupational therapy, psychiatry, physiotherapy, social work, general practice, as well as representatives from Equality 2025 and Disability Rights UK. We included the Assessment Development Group in the Explanatory Memorandum as an example of how the Secretary of State is using a time-limited advisory group in policy development.

We will also continue to liaise and listen to other stakeholders of and from disability organisations including Equality 2025 which is a non-departmental public body of publicly-appointed disabled people. The group offers strategic, confidential advice to government on issues that affect disabled people. This advice can include participation in the very early stages of policy development or in-depth examination
of existing policy. The group works with ministers and senior officials across government.

Section 89 of the Welfare Reform Act 2012 requires the Secretary of State to lay before Parliament an independent report on the operation of assessment within two years of regulations under section 80 coming into force and a second report within four years of that date.

4. Will the advice of the advisory Group be published?

As mentioned above there is no formal Advisory Group. The assessment criteria for Personal Independence Payment were developed in close collaboration with the Assessment Development Group. Although members sometimes submitted written comments on proposals, advice was generally given verbally and captured in meeting minutes. There is therefore no formal report from the Group, nor is there a requirement to publish their advice, although we have published details of the development process in the explanatory notes which have accompanied the first and second drafts of the assessment criteria. The explanatory notes can be found at http://www.dwp.gov.uk/policy/disability/personal-independence-payment/the-assessment-criteria/

I hope this reply is helpful to the Committee.

Esther McVey MP
Parliamentary Under Secretary of State and Minister for Disabled People

 

Picture by Robert Livingstone

Pictures courtesy of Rob Livingstone 

I ought to update this in light of recent events. Campaigners won an important victory regarding an essential regulation being excluded from the PIP legislation, namely, the “reliably, repeatedly and safely” adjustment, that is an essential mechanism in ensuring that “fluctuating” conditions are fairly considered and assessed.

However, many disabled activists were shocked and angry when Esther McVey, the Conservative minister for disabled people, suddenly announced the unexpected changes in December. The alterations to the regulations that will decide who is eligible for the new personal independence payment (PIP) – which will gradually replace working-age disability living allowance from this April – saw the key walking distance criteria reduced from 50 to 20 metres.

There has been absolutely NO Consultation on this whatsoever. That in itself warrants a legal challenge. The alteration of the distance criteria has been challenged by the Labour  Party, too. Anne McGuire, Labour’s shadow minister for disabled people, said disabled people had “been alarmed at the hurdle they will now face before being awarded the enhanced mobility rate”.

She said: “Most of those who have looked at these descriptors would say that a 20-metre qualifying distance simply does not provide a practical level of mobility.”

She said about 200 disabled people in every parliamentary constituency were likely to lose their Motability vehicle with a 20-metre qualifying distance.

And she pointed out that one of the Department for Transport’s own publications, Inclusive Mobility, recommends that “seating should be provided on pedestrian routes at intervals of no more than 50 metres, and that parking spaces for blue badge holders should preferably be provided within 50 metres of the facilities they serve”.

Another issue that concerns me is that McVey as good as admitted there are built in targets to reduce/remove eligibility for PIP. How could she know in advance of assessments, otherwise, that “330,000 of claimants are expected to either lose their benefit altogether or see their payments reduced”, as she informed the House of Commons?

http://www.guardian.co.uk/society/2013/apr/08/disabled-claimants-legal-action-mobility-tests