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173665

registered interest
date	14/01/2015
answering body	Department for Business, Innovation and Skills
answering dept id	26
answering dept short name	Business, Innovation and Skills
answering dept sort name	Business, Innovation and Skills
hansard heading	Social Services: Pay
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Business, Innovation and Skills, with reference to the contribution of 13 January 2015 by the Parliamentary Under-Secretary of State for Business, Innovation and Skills, Official Report, columns 218-22WH, on care sector, what discussions his Department has had with the Department for Communities and Local Government and the Department of Health on the effect of commissioning decisions by local authorities on the level of compliance with the national minimum wage in the care sector; and if he will make a statement.
tabling member constituency	Sutton and Cheam
tabling member printed	Paul Burstow
uin	220728
answer	answer is ministerial correction date of answer 19/01/2015 answer text <p>The Government is taking action to improve compliance with the National Minimum Wage (NMW) in the social care sector. We are working closely with the Department of Health, Communities and Local Government and HM Revenue and Customs (HMRC).</p><p> </p><p>Over the period 1 April 2011 to 31 March 2013, HMRC have made enquiries into 224 employers in the social care sector. Over half of these were paying less than the minimum wage between them owing £1,319 729 arrears of pay to 6550 workers, with penalties issued with a total value of £146,931. There are 94 investigations currently underway in the social care sector.</p><p> </p><p>The Department of Health have recently published statutory guidance for local authorities as part of the package of secondary legislation to accompany the Care Act. The chapter of statutory guidance on commissioning and market shaping explicitly states that local authorities should have evidence that contract terms, conditions and fee levels will not compromise care providers’ ability to pay at least minimum wages.</p><p> </p><p>The Department of Health is asking all Local Authorities to sign up to the Social Care Commitment which incorporates a statement about employer compliance with minimum wage legislation. The Association of Directors of Adult Social Services has written out to all its members encouraging them to support the Commitment as a way of raising standards in adult social care.</p><p> </p><p>The Department of Health is also working with the Association of Directors of Adult Social Services (ADASS), the Local Government Association (LGA) and the Health Services Management Centre at Birmingham University to develop as set of Commissioning Standards. Local authorities will be encouraged to use these as a benchmark to support them to improve commissioning practices, including those which have an impact on the social care workforce such as employer compliance with National Minimum Wage.</p><p> </p><p>In addition to the actions we are currently taking to reduce non-compliance in the social care sector, we will also be:</p><p> </p><p>• issuing guidance to employers so that they understand the NMW law, including tips to avoid common mistakes and the records that they should be keeping to prove that they are paying their workers correctly.</p><p> </p><p>• encouraging care sector workers who have been underpaid to make a complaint- making sure that they understand their entitlement.</p><p> </p><p>HMRC have started work on new targeted enforcement work in the care sector.</p><p> </p><p>Any worker who is concerned that they have not received what they are entitled to should call the helpline on 0800 917 2368. HMRC follow up every complaint.</p><p> </p> answering member constituency East Dunbartonshire answering member printed Jo Swinson question first answered 19/01/2015 15:37:41 answering member 1513 label Biography information for Jo Swinson
tabling member	204 label Biography information for Paul Burstow

173666

registered interest
date	14/01/2015
answering body	HM Treasury
answering dept id	14
answering dept short name	Treasury
answering dept sort name	Treasury
hansard heading	Social Services: Pay
house id	1
legislature	25259 pref label House of Commons
question text	To ask Mr Chancellor of the Exchequer, with reference to the contribution of 13 January 2015 by the Parliamentary Under-Secretary of State for Business, Innovation and Skills, Official Report, column 222WH, on care sector, on what date each of the 94 cases was first raised with HM Revenue and Customs; and if he will make a statement.
tabling member constituency	Sutton and Cheam
tabling member printed	Paul Burstow
uin	220729
answer	answer is ministerial correction date of answer 30/01/2015 answer text <p>The Government takes the enforcement of the National Minimum Wage (NMW) very seriously and has increased the financial penalty percentage from 50% to 100% of the unpaid wages owed to workers, and the maximum penalty from £5,000 to £20,000. These new limits are now in force where arrears are identified in pay reference periods on or after 7 March 2014. The Government is in the process of introducing primary legislation so that the maximum £20,000 penalty will apply to each underpaid worker.</p><p> </p><p> </p><p> </p><p>In response to the questions arising from the contribution of 13 January 2015 by the Parliamentary Under-Secretary of State for Business, Innovation and Skills, Official Report, columns 218- 222WH, on the care sector:</p><p> </p><p> </p><p> </p><p>Investigations into the 94 cases have been underway since 29 December 2011 – largely stemming from the particular period of enforcement referred to by the Parliamentary Under-Secretary of State for Business.</p><p> </p><p> </p><p> </p><p>HMRC already accept third party complaints and review all information received. All information received from third parties is handled sensitively. HMRC are unable to give feedback to third parties on any action taken or progress made, as all worker information is strictly confidential.</p><p> </p><p> </p><p> </p><p>HMRC’s proactive work informing the ‘National Minimum Wage: Compliance in the social care sector’ report, commenced in April 2011 and evaluated enforcement in the social care sector over the period 1 April 2011 to 31 March 2013. We are continuing to evaluate this work, and HMRC are undertaking new targeted enforcement work in the care sector as set out by the BIS Minister on 15 January 2015.</p><p> </p><p> </p><p> </p> answering member constituency South West Hertfordshire answering member printed Mr David Gauke grouped question UIN 220730 220731 question first answered 30/01/2015 13:53:09 answering member 1529 label Biography information for Mr David Gauke
tabling member	204 label Biography information for Paul Burstow

173667

registered interest
date	14/01/2015
answering body	HM Treasury
answering dept id	14
answering dept short name	Treasury
answering dept sort name	Treasury
hansard heading	Social Services: Pay
house id	1
legislature	25259 pref label House of Commons
question text	To ask Mr Chancellor of the Exchequer, with reference to the contribution of 13 January 2015 by the Parliamentary Under-Secretary of State for Business, Innovation and Skills, Official Report, columns 218-22WH, on care sector, if he will make it his policy to enable third parties to make formal complaints about breaches of national minimum wage rules and for them to be kept informed of the progress and outcome of investigations; and if he will make a statement.
tabling member constituency	Sutton and Cheam
tabling member printed	Paul Burstow
uin	220730
answer	answer is ministerial correction date of answer 30/01/2015 answer text <p>The Government takes the enforcement of the National Minimum Wage (NMW) very seriously and has increased the financial penalty percentage from 50% to 100% of the unpaid wages owed to workers, and the maximum penalty from £5,000 to £20,000. These new limits are now in force where arrears are identified in pay reference periods on or after 7 March 2014. The Government is in the process of introducing primary legislation so that the maximum £20,000 penalty will apply to each underpaid worker.</p><p> </p><p> </p><p> </p><p>In response to the questions arising from the contribution of 13 January 2015 by the Parliamentary Under-Secretary of State for Business, Innovation and Skills, Official Report, columns 218- 222WH, on the care sector:</p><p> </p><p> </p><p> </p><p>Investigations into the 94 cases have been underway since 29 December 2011 – largely stemming from the particular period of enforcement referred to by the Parliamentary Under-Secretary of State for Business.</p><p> </p><p> </p><p> </p><p>HMRC already accept third party complaints and review all information received. All information received from third parties is handled sensitively. HMRC are unable to give feedback to third parties on any action taken or progress made, as all worker information is strictly confidential.</p><p> </p><p> </p><p> </p><p>HMRC’s proactive work informing the ‘National Minimum Wage: Compliance in the social care sector’ report, commenced in April 2011 and evaluated enforcement in the social care sector over the period 1 April 2011 to 31 March 2013. We are continuing to evaluate this work, and HMRC are undertaking new targeted enforcement work in the care sector as set out by the BIS Minister on 15 January 2015.</p><p> </p><p> </p><p> </p> answering member constituency South West Hertfordshire answering member printed Mr David Gauke grouped question UIN 220729 220731 question first answered 30/01/2015 13:53:09 answering member 1529 label Biography information for Mr David Gauke
tabling member	204 label Biography information for Paul Burstow

171168

registered interest
date	17/12/2014
answering body	Department of Health
answering dept id	17
answering dept short name	Health
answering dept sort name	Health
hansard heading	Mental Health Services
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Health, for how long each person has been detained under Section 136 of the Mental Health Act 1983 in each case where the place of safety was a police cell since 2010; and what the length of wait between assessment and transfer to hospital was in each such case.
tabling member constituency	Sutton and Cheam
tabling member printed	Paul Burstow
uin	219331
answer	answer is ministerial correction date of answer 08/01/2015 answer text <p>We do not collect the information requested centrally. However, according to the 2013 joint review by Her Majesty’s Inspectorate of Constabulary, Her Majesty’s Inspectorate of Prisons, the Care Quality Commission and Healthcare Inspectorate Wales, an examination of 70 cases across seven police forces showed that the average time spent in police custody under section 136 of the Mental Health Act 1983 (MHA) was 10 hours 32 minutes.</p><p> </p><p> </p><p> </p><p>Section 136 of the MHA allows a person to be detained up to a maximum period of 72 hours in any place of safety. As the MHA Code of Practice (2008) states, irrespective of the 72 hour maximum time limit, any examination and interview or other steps must take place as soon as possible and the length of detention should not exceed the minimum required to enable this to happen.</p><p> </p><p> </p><p> </p><p>The Department of Health and the Home Office published a joint review of the operation of sections 135 and 136 of the MHA on 18 December:</p><p> </p><p> </p><p> </p><p><a href="https://www.gov.uk/government/consultations/review-of-the-operation-of-sections-135-and-136-of-the-mental-health-act" target="_blank">https://www.gov.uk/government/consultations/review-of-the-operation-of-sections-135-and-136-of-the-mental-health-act</a></p><p> </p><p> </p><p> </p><p>Consideration was given to recommending the creation of a statutory minimum time period for the wait between assessment and transfer to hospital where that is the outcome. However, the review concluded that local agreements should set out a minimum standard for assessments including acceptable time frames.</p><p> </p><p> </p><p> </p><p>The review did, nonetheless, recommend reducing the maximum length of detention under Sections 135 and 136 of the MHA to 24 hours from 72 hours, with the possibility of an extension if necessary. Next steps regarding the recommendations for legislative change are subject to the development of a timetable for implementation, a detailed impact assessment, and plans for implementation and future funding being agreed between partners.</p><p> </p><p> </p><p> </p><p><strong> </strong></p><p> </p> answering member constituency North Norfolk answering member printed Norman Lamb question first answered 08/01/2015 15:58:05 answering member 1439 label Biography information for Norman Lamb
tabling member	204 label Biography information for Paul Burstow