Written Statements

Thursday 9th December 2021 Written Statements

Thursday 9 December 2021

Brexit Opportunities: Review of Retained EU Law

Thursday 9th December 2021 Written Statements

[The Paymaster General (Michael Ellis)]

My noble Friend the Minister of State, Cabinet Office, the right hon. Lord Frost CMG, has today made the following ministerial statement:

On 16th September 2021 I announced a review of “retained EU law” (REUL). This refers to the very many pieces of EU legislation which have flowed into the UK legal system during our EU membership, through the European Communities Act 1972 as an obligation of membership and without any ability for Parliament to change them. It also covers EU case law and principles. To ensure continuity and certainty immediately after Brexit, REUL was taken onto our own statute book through the European Union (Withdrawal) Act of 2018.

However, while this was an important short-term bridging measure, it does not represent the right long-term end point for the UK and our statute book. Many laws that were retained are not necessarily right for the UK as an independent country, and there are anomalies and uncertainties which remain over the precise status of REUL as part of the UK's domestic law. Accordingly, we have now launched two reviews: the first into the substance of REUL, and the second into its status in law. This statement sets out the progress that has been made so far and the next steps.

Our overall intention remains, in time, to amend, replace, or repeal all the REUL that is not right for the UK.

On the substance review, I have directed Government departments to establish the content of REUL in policy areas for which they are responsible, and to consult stakeholders as necessary. There is no authoritative assessment by Government of which policy areas are most affected by REUL. This first review will deliver such an assessment, and enable us to establish which sectors of the economy and which departments are most affected by REUL.

On the second review, into the legal status of REUL, we have identified the following seven areas where EU law concepts, retained by the EU Withdrawal Act, still affect the UK even though we have left the EU:

Under the European Union (Withdrawal) Act, rights under treaties and directives which had direct effect in UK law whilst we were a member state have been incorporated into domestic law. Many of these rights—like respect for human rights and equal pay for men and women—replicate rights that were already part of UK law, separately from our EU membership. We want to ensure, to the extent appropriate, that the UK law-derived rights relied on in our legal system are not confused or overlaid with EU-derived rights. If required, we will also clarify the scope of directly effective rights in directives, saved as REUL under section 4 of the Act, to make it clear that only those rights which have already been recognised by the CJEU or the UK courts are incorporated.

Even though we have left the EU, the UK courts are still required to interpret REUL in accordance with retained general principles of EU law, such as proportionality and the protection of legitimate expectations, so far as those principles are relevant. These general principles have developed in the EU over the years to apply to the laws as they exist in the EU system. But REUL is now UK law derived from EU sources, so we need to consider whether this new body of UK law should be interpreted under UK principles of interpretation, or under those that apply to the EU treaties and legislation developed for member states.

Currently, under the European Union (Withdrawal) Act 2018, REUL has a special and unusual status in UK law. Whatever its original EU legislative form (for example, a regulation or treaty article), for some purposes REUL is treated as UK primary legislation, and in other cases its status depends on its original form (with a significant number automatically accorded the status of primary legislation). Accordingly, we will be revisiting the legislative framework in the European Union Withdrawal Act and the operation of such REUL, so that it is given a more appropriate status within the UK legal system for the purposes of amendment and repeal. That status should reflect the fact that Parliament had no ability to block or amend such legislation once agreed in Brussels, indeed it often had no meaningful democratic scrutiny in the UK at all. Accordingly, this aspect of the review will consider whether, and if so, how, REUL could be amended or repealed by an accelerated process, with appropriate oversight, given the unsatisfactory nature of its original incorporation.

The EU concept of the ‘supremacy of EU law’—which forces all other UK legislation to be interpreted so as to give way to EU law where there is a conflict (even if EU law was overridden by subsequent non-EU sourced UK law)—has been preserved by the 2018 Act so far as relevant to the interpretation, disapplication or quashing of domestic law passed or made before the end of the transitional period. This interpretative concept is alien to the UK legislative principles, whereby later parliaments (and their laws) can override earlier parliaments. This concept never sat well with our long established democratic and parliamentary traditions, and now we have left the EU is clearly no longer appropriate. We will consider the issue and it is likely that we will propose removing the concept from the statute book.

Under the 2018 Act, in interpreting REUL, UK courts remain bound by EU courts and their decisions issued before the transition period ended. Only the Supreme Court or certain appellate courts have the power to depart from such case law. REUL is UK law which is derived from a (now) foreign source. In all other cases, when UK legislation draws on foreign models, its courts are not bound by foreign case law, although it may be persuasive. Accordingly, we need to consider the anomalous status of EU case law, and we will be revisiting the issue of which UK courts should be able to depart from retained EU case law, and on what basis.

The Court of Justice of the EU may, from time to time, declare an EU instrument invalid under EU law. In addition to the general process for addressing REUL which is no longer right for the UK, we propose to ensure that the retained version can be swiftly removed when the original EU law measure has been declared invalid under EU law.

The review will also consider any consequential actions, such as updated guidance relating to the courts (for example, on the treatment of EU case law) and the place of EU law in legal education.

We will continue to develop policy proposals at pace. My officials will be consulting widely with internal and external stakeholders, including from the judiciary, legal practice, academia, and industry to ensure that any proposed legislative and non-legislative solutions are thoroughly tested.

We will incorporate Parliament’s views, including through targeted engagement with select committees, to ensure the outcomes of the review into REUL status are robust. Our aim will be to issue proposals in the spring, and legislate as soon as parliamentary time allows.

Any individual or group with relevant expertise that wishes to be involved in this review should contact the Brexit Opportunities Unit in the Cabinet Office.

( [e-mail]).

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Deployment of UK Military Engineers to Poland

Thursday 9th December 2021 Written Statements

[The Secretary of State for Defence (Mr Ben Wallace)]

I am today informing the House of the deployment of UK military personnel to Poland to provide assistance to the Polish armed forces.

For a number of months Poland, along with their Baltic neighbours Latvia and Lithuania, have been under significant pressure from irregular migration originating across their border with Belarus, and facilitated by the Lukashenko regime. Poland has every right to protect its borders within international law in the face of an unprecedented and volatile situation. The UK is committed to standing shoulder-to-shoulder with our close allies as part of our commitment to European security.

For this reason, the UK is deploying a squadron of Royal Engineers, along with associated support elements, to Poland in order to support Polish troops with specific engineering tasks. This follows the deployment on 11 November 2021 of an initial engineer reconnaissance element. This is not a combat deployment.

This engineer squadron will be in addition to, but separate from, the 150 UK personnel based in Poland since 2017 as part of the US-led multinational battlegroup under NATO’s enhanced forward presence. The engineering personnel will be deploying on a bilateral basis, as UK national activity in support of a close ally. They are not deploying as part of a NATO response or operation and will not be under NATO command or control. The engineers are planned to be deployed until the end of April 2022.

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Maximum Student Loan Interest Rate

Thursday 9th December 2021 Written Statements

[The Minister for Further and Higher Education (Michelle Donelan)]

I am announcing today a temporary reduction in the maximum student loan interest rate following the continued reduction in the prevailing market rate for comparable unsecured personal loans.

In accordance with the Teaching and Higher Education Act 1998, where the Government consider that the student loan interest rate is higher than the prevailing market rate for comparable unsecured loans, we will take steps to reduce the maximum student loan interest rate.

The Government regularly monitor the interest rates set on student loans against the interest rates prevailing on the market for comparable loans.

Following the continued reduction in the prevailing market rate, I have today [9 December] laid legislation to cap the maximum post-2012 income contingent repayment undergraduate and the postgraduate income contingent repayment student loan interest rate in line with the prevailing market rate. The cap will come into effect from 1 January 2021 and last for a period of two months.

The reduction will be 0.1 percentage point on the maximum student loan interest rate to reflect the average market rates during the preceding monitoring period.

The maximum post-2012 undergraduate income contingent repayment student loan interest rate and the postgraduate income contingent repayment student loan interest rate will be 4.4% between 1 January and 28 February.

From 1 March 2022, the post-2012 undergraduate and postgraduate income contingent repayment student loan interest rates will revert to the standard rate +3%.

Further caps may be put in place should the prevailing market rate continue to be below student loan interest rates.

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Contingent Liability Notification: India Green Guarantee

Thursday 9th December 2021 Written Statements

[The Minister for Asia (Amanda Milling)]

I have today laid a departmental minute outlining details of a new liability (the India green guarantee) which FCDO plans to undertake in order to guarantee up to US$1 billion (£746 million at the current exchange rate) in lending from the World Bank to India.

It works in more than 170 countries globally to reduce extreme poverty, boost shared prosperity and address global challenges such as climate change.

The India green guarantee to the World Bank will unlock additional lending worth US$1 billion for green projects in India. This financing will be used for projects that address climate change and will be designed to maximise impact through relevant approaches described in the departmental minute.

It is normal practice, when a Government Department proposes to undertake a contingent liability in excess of £300,000 for which there is no specific statutory authority, for the Minister concerned to present a departmental minute to Parliament giving particulars of the liability created and explaining the circumstances; and to refrain from incurring the liability until 14 parliamentary sitting days after the issue of the statement, except in cases of special urgency.

The UK is creating this new liability for two reasons. First, to meet a clear climate financing need. India is pivotal in the global effort to tackle climate change. It is raising its climate ambition but will need enhanced financial support in order to do so. Secondly, to alleviate constraints on World Bank lending to the Government of India. The departmental minute provides further detail on these issues and how the guarantee addresses them.

The liability is expected to last for up to 25 years. FCDO would only pay official development assistance if a default occurs as agreed with the World Bank. The departmental minute sets this out in detail.

HM Treasury has approved the proposal in principle. If, during the period of 14 parliamentary sitting days beginning on the date on which this minute was laid before Parliament, a Member signifies an objection by giving notice of a parliamentary question or by otherwise raising the matter in Parliament, final approval to proceed with incurring the liability will be withheld pending an examination of the objection.

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UK-Overseas Territories Joint Ministerial Council 2021

Thursday 9th December 2021 Written Statements

[The Minister for Asia (Amanda Milling)]

On Tuesday 16 and Wednesday 17 November, I chaired the ninth UK-Overseas Territories Joint Ministerial Council in London. The Council was the first in person since 2018 and was attended by elected leaders and representatives from Anguilla, Ascension Island, Bermuda, the British Virgin Islands, the Cayman Islands, the Falkland Islands, Gibraltar, Montserrat, Pitcairn Islands, St Helena, the Sovereign Base Areas of Akrotiri and Dhekelia, Tristan da Cunha and the Turks and Caicos Islands.

The key themes of discussion at this year’s Council were environment and oceans, the International Maritime Organisation III code audit, the UK-overseas territories relationship, economic resilience, law enforcement, the response to and recovery from covid-19, the importance of mental health and protecting the vulnerable, and improving inclusivity in our societies.

Mr right hon. Friends the Prime Minister, and the Foreign Secretary, as well as HRH The Duke of Cambridge, addressed the Council. Other ministerial colleagues attending the discussions included the Minister for the Pacific and International Environment (the right hon. Lord Goldsmith), the Under-Secretary of State for Transport, my hon. Friend the Member for Witney (Robert Courts), the Minister for Security and Borders, my right hon. Friend the Member for East Hampshire (Damian Hinds), the Exchequer Secretary to the Treasury, my hon. Friend the Member for Faversham and Mid Kent (Helen Whately), the Minister for Health, my hon. Friend the Member for Charnwood (Edward Argar) and the Under-Secretary of State for Education, my hon. Friend the Member for Colchester (Will Quince). I was also joined by the Under-Secretary of State for Foreign, Commonwealth and Development Affairs, my hon. Friend the Member for Aldridge-Brownhills (Wendy Morton)

The Council agreed priorities and set out a number of important commitments and areas for joint work in the year ahead.

We discussed the importance of protecting the unique environments and biodiversity in the overseas territories, recognising that these are on the frontline of the effects of climate change. The territories expressed thanks to the UK for facilitating their presence at the COP26 summit. We agreed to prioritise climate change and environmental issues in future funding for the territories.

We reaffirmed our commitment to supporting the overseas territories in building successful and resilient economies, acknowledging the impact of external shocks, such as the covid-19 and natural disasters on the small and vulnerable economies of territories.

We recognised that the impacts of covid-19 were not yet over and committed to continue working together collaboratively to bolster the health services in the territories through existing and new links with the UK. We committed to work with the territories to access the limited supply of the UK’s therapeutics supply. We reaffirmed our commitment to improving the lives of people with mental health problems, including children and young people.

We reaffirmed our joint commitment to build upon cross-multi-agency law enforcement working to enhance co-operation and increase capacity in the territories. We also discussed the important role that Governments can play in promoting inclusive societies.

We agreed a joint communiqué, which was issued following the conclusion of the conference and was published on the gov.uk website.

The communiqué and associated press statement reflect the commitment of the Governments of the overseas territories and the UK to continue to work in partnership to achieve the vision set out in the June 2012 White Paper: “The Overseas Territories: security, success and sustainability”.

In line with our commitment in the White Paper, we will continue to report to Parliament on progress by Government Departments.

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West Suffolk NHS Foundation Trust: Publication of Independent Review Report

Thursday 9th December 2021 Written Statements

[The Minister for Health (Edward Argar)]

Today NHS England and NHS Improvement have published the report of the independent investigation to review whistleblowing at West Suffolk NHS Foundation Trust. This review was commissioned by NHS England and NHS Improvement at the request of the Department for Health and Social Care. It followed widely reported events arising from an anonymous letter sent to the relative of a patient who had died at the trust.

The review led by Christine Outram MBE has considered as its starting point the appropriateness and impact of the actions taken by the trust and other relevant bodies in response to the issues raised by and connected with the October letter. The review was also asked to produce advisory recommendations and learnings.

The findings of the review describe a breakdown in working practices and shine a light upon an executive team that was not sufficiently held to account by its board. In particular, the review found that fingerprinting and use of biometrics such as handwriting experts is not appropriate in any NHS context. The review also found that in handling whistleblowing material made available through unconventional or even inappropriate means, the NHS should still focus on what and why something is being raised, rather than who has raised it.

There is significant learning to be gathered from the report in relation to how freedom to speak up was implemented in the trust; and how freedom to speak up concerns should be separated from performance and disciplinary matters. The report also emphasises the importance of having strong board governance and checks and balance processes in place.

The trust and other relevant organisations including NHS England and NHS Improvement, the GMC and CQC will need to take stock of the findings of this important report. Indeed, this is a lesson for all NHS organisations to actively work to promote an open culture.

The Government take the issue of speaking up extremely seriously and have put in place clear sources of support for staff to help them raise a concern, including the speak up direct helpline and website and the National Guardian to help drive positive cultural change across the NHS so that speaking up becomes business as usual. The National Guardian also provides support and leadership to a network of over 700 local freedom to speak up guardians, covering every trust, whose role is to support staff who want to speak up about something.

The Government have also enhanced the legal protections available for those who speak up to prohibit discrimination against job applicants on the grounds that they have raised concerns. This is additional to the longstanding provisions of the Employment Rights Act 1996, amended by the Public Interest Disclosure Act 1998, which gives legal protection against detriment to all workers who speak up. We will continue to support the right of all workers in the NHS and wider health and care sector to speak up.

This review and its report have been delayed in part by the covid pandemic and complicated by the sheer scale of the issues that have emerged from this investigation. I would therefore like to thank Christine Outram and her team for their diligence, commitment, and hard work in getting to the heart of these matters.

This is a comprehensive report describing a complicated set of circumstances. Much has happened in the trust since the review was first commissioned. The report outlines the changes and actions the trust has taken to improve its HR, culture and leadership practices. These are encouraging signs that that the trust is learning and should be better placed in the future.

Whilst the response to the anonymous whistleblowing letter represents an unusual set of events specific to one organisation, the Department will absorb the report and consider the learning for the wider system and discuss with NHSEI what the next steps might be.

I have placed a copy of the report of the independent review into West Suffolk Hospital NHS Foundation Trust in the Libraries of both Houses.

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UK-Singapore Digital economy Agreement

Thursday 9th December 2021 Written Statements

[The Secretary of State for International Trade (Anne-Marie Trevelyan)]

Following intensive negotiations on the UK Singapore digital agreement launched in June this year, I am pleased to report that we have now reached agreement in principle on what will be the world’s most comprehensive digital trade agreement.

The UK-Singapore digital economy agreement (the “DEA”) will take our trading relationship with Singapore—worth £16 billion in 2020—to the next level by overhauling outdated trade rules that affect both goods and services exporters, making it easier for UK business to target new opportunities in both Singapore and lucrative Asian markets. This means that modern trade in services, financial services, agricultural goods, manufactured goods, legal advice, architecture, and many other sectors can operate more easily, supported by their all-important underlying data.

The deal reflects the objectives for digital trade that I set out in September this year, namely:

Securing open digital markets, including through important commitments such as a prohibition on imposing customs duties on electronic transmissions.

Championing cross-border data flows and prohibiting the unjustified forced localisation of data as well as committing to high standards of personal data protection.

Championing consumer benefits and necessary business safeguards in digital trade. This includes important issues such as the protection of source code and online consumer protection.

Promoting digital trading systems that cut red tape and make trade cheaper, faster, and more secure for businesses. This includes commitments around electronic signatures and contracts.

Promoting collaboration with Singapore to shape the rules that govern digital trade and ensure they are free, fair, and inclusive. This includes commitments to collaborate with Singapore in emerging fields such as fintech and lawtech.

The deal also closely reflects the ground-breaking G7 digital trade principles that the UK brokered in October under our presidency. This includes recognition of the importance of decent conditions of work for those employed in the digital economy.

Following the agreement in principle, the legal text will now be finalised. Signature of the agreement will take place at a future date, at which point the agreement will also be presented to Parliament for scrutiny.

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Delivering Justice for Victims

Thursday 9th December 2021 Written Statements

[The Lord Chancellor and Secretary of State for Justice (Dominic Raab)]

Today the Government are publishing a package of measures that will collectively raise the voice of victims in our criminal justice system and strengthen the accountability of all the agencies charged with supporting them.

We are publishing a consultation on a new victims’ law: “Delivering justice for victims—a consultation on improving victims’ experiences of the justice system”. The consultation seeks views on how we can:

Improve communication from agencies with victims, including through an explicit requirement for a prosecutor in a case or certain types of cases to have met with the victim before the charging decision, so that victims’ voices are amplified in the criminal justice process.

Mainstream the use of community impact statements, so that the voice of whole communities is strengthened and the police, CPS and court understand the wider scale and extent to which crime can blight whole neighbourhoods.

Clarify and sharpen accountability for when victims do not receive the right level of service, by enshrining the victims’ code in law and strengthening oversight mechanisms through reinforced inspection regimes nationally and police and crime commissioners locally.

Increase the victim surcharge so criminals pay millions of pounds more towards crucial victim services and therefore take greater responsibility for the cost of supporting victims to recover from what they have suffered.

Improve provision of community-based services and strengthen support available from Independent Sexual Violence Advisors (ISVAs) and Independent Domestic Violence Advisors (IDVAs).

The Government are also announcing:

The start of a national roll-out of provision of pre-recorded cross-examination for sexual and modern slavery victims to all Crown courts, which will mean that more victims can benefit from recording their evidence earlier in the process and outside of the courtroom, subject to judicial discretion.

The publication of national criminal justice scorecards which will give a cross-system view of performance, so we can better monitor performance, understand problems in the system, and address them more effectively, whilst spreading the very best practice widely.

The publication of a progress report on the end-to-end rape review action plan and the first ever scorecard on adult rape, which will mean that we can hold criminal justice agencies to account for delivering improvements in outcomes for this horrendous crime.

Together these measures will contribute to our plan to give victims the justice they deserve, and build back a better, stronger, fairer country. The consultation is available at: https://consult.justice.gov.uk/victim-policy/delivering-justice-for-victims

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UK Internal Market Act Exclusions: Common Frameworks

Thursday 9th December 2021 Written Statements

[The Parliamentary Under-Secretary of State for Levelling Up, Housing and Communities (Neil O'Brien)]

During the passage of the United Kingdom Internal Market Act 2020 my ministerial colleagues made clear that the powers under the Act may be used to give effect to agreements reached within a common framework regarding exclusions from the market access principles. The Government brought forward amendments to delegated powers under the Act to that effect.

The relevant powers, under sections 10 and 18 of the Act, permit a Secretary of State, by regulations, to amend the schedules of the Act so that

“certain cases, matters, requirements, or provision”

can be excluded from the application of the Act’s market access principles. A process for agreeing such exclusions in areas of policy divergence within a common framework has been developed by the UK Government and the devolved Administrations. A copy has been placed in the Libraries of both Houses and will be published on the UK Government’s website www.gov.uk.

New exclusions from the UK Internal Market Act’s market access principles require the approval of both Houses of Parliament through the affirmative resolution procedure. Accordingly, where agreement to such an exclusion is reached within a common framework, the relevant Department and Minister will seek that approval by laying a draft statutory instrument before Parliament in accordance with the UK Internal Market Act.

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European Union (Withdrawal) Act: Common Frameworks Report and Repeal of Section 12 Powers

Thursday 9th December 2021 Written Statements

[The Parliamentary Under-Secretary of State for Levelling Up, Housing and Communities (Neil O'Brien)]

I am today laying before Parliament a report, “The European Union (Withdrawal) Act and Common Frameworks: 26 June to 25 September 2021”. I am laying this report because it is a legal requirement under the EU (Withdrawal) Act 2018 for quarterly reports to be made to Parliament on the progress of the work to develop common frameworks. The report is available on gov.uk and details the progress made between the UK Government and devolved Governments regarding the development of common frameworks. This report details progress made during the 13th three-month reporting period, and sets out that no “freezing” regulations have been brought forward under section 12 of the European Union (Withdrawal) Act. As a result of the progress that has been made to establish common frameworks in collaboration with the devolved Governments, the Government intend to repeal section 12 powers through the enabling power set out in section 12(9) of the Act. A copy of the “The European Union (Withdrawal) Act and Common Frameworks: 26 June to 25 September 2021” report has been placed in the Libraries of both Houses. The publication of the report reflects the Government’s continued commitment to transparency.

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United Nations Committee on the Rights of Persons with Disabilities Inquiry 2016: UK Follow-up Repor

Thursday 9th December 2021 Written Statements

[The Minister of State, Department for Work and Pensions (Chloe Smith)]

Today I will place in the Library of the House a copy of the UK’s 2021 follow-up report to the UN Committee on the Rights of Disabled People following the 2016 inquiry.

This Government are more committed than ever to eliminating barriers so that everyone can participate in society. This commitment aligns with the UN convention on the rights of persons with disabilities (the convention), which protects and promotes the rights of disabled people. The follow-up report demonstrates how we are implementing the convention and showcases the UK’s progress over the past two years in creating more opportunities for disabled people to participate and thrive in society.

The report shows positive action taking place across the UK to support disabled people, through policies and programmes that tackle the barriers faced by disabled people.

As a key element of this, in July 2021 we published the national disability strategy, which sets out steps to improve disabled people’s everyday lives. It offers both a positive vision for long-term societal change and a wide-ranging, practical plan for action now. The strategy includes over 100 practical actions from right across Government to improve the lives of disabled people, across education, employment, housing, transport, shopping, culture, justice, public services, and data and evidence.

In July 2021, we published “Shaping future support: the health and disability green paper”, which explores how the welfare system can better meet the needs of disabled people. We are committed to improving access to crucial support.

We also published our response to “Health is everyone’s business” (HiEB) in July 2021, which sets out measures the Government are taking to provide greater clarity around employer and employee rights and responsibilities: address the need for employers to have access to information and advice that is easy to understand, trustworthy and accessible, and encourage more employers to provide access to expert support services such as occupational health (OH).

Together these publications show the Government’s holistic approach to supporting disabled people and those with long-term health conditions to live full and independent lives.

The report shows that we are continuing to support disabled people in all aspects of everyday life. We are investing more than ever before in disability benefits and providing more personalised and tailored employment support to help more disabled people start, stay and succeed in work. As set out in the national disability strategy, we are committed to improving the accessibility of housing and are investing further in making public spaces accessible to all. We are prioritising funding for adult social care and personalised care reform to ensure everyone receives the right care they need; and we have increased grant funding across the UK for children and adults to support this. We are continuing to put the voices of disabled people first by engaging with disabled people and stakeholders through DPOs, networks and relevant organisations.

Everyone should be able to participate fully in society—whoever you are, wherever you live, and importantly, whether you have a disability or not. That is the vision we have set, accompanied not by rhetoric but with tangible action plans, to create a society that is safer and fairer for all.

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