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The Minister for Disabled People, Health and Work (Tom Pursglove)
It is a pleasure to serve under your chairmanship, Ms McVey. I start by thanking my right hon. Friend the Member for Norwich North (Chloe Smith) for securing this debate; for her ongoing passion and leadership on this issue; and for her determination to deliver this landmark legislation, working with Rosie Cooper. She takes a close interest in the Government’s performance on this issue, and in wider issues affecting the deaf community. She wants us to take further steps to ensure that BSL is used more widely in society, and that more people can communicate through it.
Interestingly, one of the key assurances that my right hon. Friend gave during the passage of the legislation was to the hon. Member for Nottingham South (Lilian Greenwood), Chair of the APPG. She assured her, in Committee, that the Government would be open to scrutiny of the BSL Act, and that the first BSL report would be published on 31 July this year. That has happened, and today’s debate flows from that. I was heartened to hear that BSL will be a subject of interest to my right hon. Friend beyond her time in the House, and is something that she will campaign on passionately. Her advocacy on this issue, and that of Members from across the House—not just those who are here—is something of which Parliament can be proud. All of us, cross party, want to do our best to ensure accessible communication for everybody in society. It is to the Government’s credit that they got behind the Bill, and worked intensively with Rosie Cooper and the coalition, as was touched on, to shape and craft the legislation and ensure that we got it right.
The British Sign Language Act 2022 was the first private Member’s Bill drawn 20th in the ballot to become law in more than 20 years; that was a bit of parliamentary trivia for everybody this afternoon. That is not an insignificant achievement. It speaks to the cross-party support for the Act. Everybody came together from across the House to support that legislation, here as well as in the other place.
Many good, pertinent questions were raised in the debate, and I want to touch on them. As I say, the British Sign Language Act 2022 was warmly welcomed by the deaf community, and particularly by the BSL Act Now! campaign. Its members worked so hard, and in such a determined way, to put the issue firmly on the agenda. Arguably, that passion was reflected at BSL Fest in Guildford at the weekend. I was delighted to hear that my hon. Friend the Member for Guildford (Angela Richardson) was in attendance, was part of the celebrations and part of that important community in her area. We see those celebrations reflected in community initiatives up and down the country, which is heartening. They give ever greater prominence to the issue. All of us parliamentarians, and those of us in government, should place real emphasis on working in partnership with communities, charities and representative bodies to continue to evolve our work on this issue, and make sure that we live up to the ambition out there in our society for BSL.
It is a privilege to report today on the progress that we are making on the BSL Act, and to discuss the findings of the first BSL report, but candidly, there is more to do. The first BSL report is an important baseline to help us understand how the Government communicate vital information to a group of people with specific, distinct communication needs, and to encourage us to go further.
There are a couple of points that I want to touch on early in my remarks. One is the judicial review of BSL interpretation of the covid briefings during the pandemic. The judicial review found that the Government were meeting their obligations under the Equality Act 2010 with regard to BSL interpretation during the covid 19 briefings, and were compliant with the public sector equality duty. The court ruled that our policy of using on-screen British Sign Language interpreters during the pandemic was lawful. The judge ruled that it is not a legal requirement to provide an in-person BSL interpreter. There had been over 175 covid briefings by the date of the judgment, and in only two instances were they found to be unlawful because BSL was not provided on screen. Our priority has always been to reach the largest possible audience with important public information, and we will continue to ensure that BSL interpretation is made available where appropriate.
On No. 10, the BSL Act places a duty on the Secretary of State for Work and Pensions to collate and publish a report on BSL use in the ministerial Departments listed in the schedule to the Act. The intention behind the five-year plans mentioned in the BSL report is to build on the work already being done across the Departments that are placed under that reporting duty. No. 10 and the parliamentary estate are not ministerial Departments, and there is no statutory requirement on them to report on their use of BSL. However, guidance was recently published by the Government Communication Service that covers all of Government. I am assured that it will help communicators across Government to determine what public information should be produced in BSL, so that we meet the obligations set out in the public sector equality duty and the Equality Act 2010. I am very happy to explore that area further.
As for the parliamentary estate, I would be delighted to work cross-party with colleagues on engaging with the House authorities to see what they might be able to do. It is welcome that there is BSL interpretation of our proceedings this afternoon, but we should always strive to go further. I am very willing to engage constructively with others to achieve that.
Vicky Foxcroft
I welcome that offer, and will most certainly take the Minister up on it. As shadow Minister for Disabled People, I have struggled with the question of where funding for BSL interpretation should come from, including as regards the Independent Parliamentary Standards Authority. The Minister is absolutely right: we should be leading on this issue. On No. 10 and interpreters at covid briefings, we should always strive to do better, and I do not think we did well enough at the time. We should keep the ambition to continually do better, instead of saying, “We weren’t done by the courts, apart from in two areas.”
Tom Pursglove
On the first part of the hon. Lady’s intervention, I am delighted to work with her to try to take that forward. At the start of my remarks, I said consistently that I recognise that we have further to travel, and I am certainly not complacent when it comes to performance across the whole of Government. As has been touched on, some of the performance around my Department—the Department for Work and Pensions —is at the top of the charts, which shows the emphasis that my ministerial colleagues in the Department and I place on this issue. I am trying to lead by example by ensuring that I demonstrate a real commitment and willingness to set a standard that I want Ministers and Departments across the board to follow. It is in that spirit that we move forward with this work.
To delve further into the issue of communications across Government, I could not be clearer that people who use BSL as their native language should be able to access the same information as native English speakers, whether that information is about their rights and responsibilities, their ability to access support or the opportunity to have their say on Government policy development by participating in a consultation. In the last year alone, the Government have ensured that BSL communications have been available for deaf BSL users across diverse subjects: providing timely updates about cost of living payments, sharing important information about the Home Office’s tackling domestic abuse plan and ensuring that BSL users could join in the celebrations for the coronation of our new King.
Individual Departments have focused their BSL communications on areas of greatest importance to deaf BSL users: the Department for Education published its “Special Educational Needs and Disabilities and Alternative Provision Improvement Plan” with BSL interpretation, the Ministry of Justice published advice in BSL for victims of rape and sexual assault, and the Department for Transport included BSL interpretation in its “it’s everyone’s journey” campaign.
I want to provide updates on two specific areas that have been raised in relation to cross-Government work and different parts of Government communicating those messages. The first is around the use of BSL in health services. The Department of Health and Social Care is committed to supporting the use of BSL and has used it in communications, such as to support the Down Syndrome Act 2022 call for evidence. The Department continues to look for further ways to promote the requirements of the BSL Act, including by sharing lessons learned from the production of the DSA call for evidence BSL videos with a view to improving BSL usage, monitoring and reporting across the Department.
Under the Equality Act 2010, health and social care organisations must make reasonable adjustments to ensure that disabled people are not disadvantaged when it comes to interpreters for GP and medical appointments. NHS organisations and publicly funded social care providers must comply with the accessible information standard to meet the communication needs of patients and carers with a disability, an impairment or sensory loss. NHS England has completed the review of the AIS, and the updates are now in the publication approval process.
Following Royal Assent for the British Sign Language Act and the legal recognition of British Sign Language as a language of England, Wales and Scotland, the Government Communication Service will promote and facilitate the use of British Sign Language in communication with the public where appropriate. Colleagues in the Department of Health and Social Care keep those matters under review. Again, I want Departments to set a standard that we then ask our public services, communities and society as a whole to follow.
The other area that I want to provide a brief update on is the BSL GCSE, for which there is huge appetite in this House and beyond. The public consultation on it has now closed. The Government are analysing the results of the consultation and working up the course content, and we will publish that as soon as we can. I recognise that there is a real demand for that BSL qualification, not least because of all the opportunities it will provide. Educating the next generation to have such skills at an early stage will have knock-on benefits: more people in our society will communicate with BSL and then, we hope, go on to have successful careers, promote the language, encourage others to adopt those skills, and participate in our communities and society in that way. I know that we all want to see that, and that is welcome.
The variety of case studies in the first BSL report show pockets of good practice across the Departments named in the schedule to the BSL Act. Around half of policy Departments produced communications in BSL during the reporting period. But we know that we can go further, and produce more and better BSL content. It is important to note that different Departments will communicate with the public, whether in BSL or otherwise, in different ways, because of the fact that they have different responsibilities, different remits, different areas of interest and different communications, related to their specific areas of Government.
The Departments listed in the schedule to the BSL Act range from large operational Departments—like my own, the Department for Work and Pensions, which produces a large number of public communications every year—to much smaller Departments and offices that may not have had occasion to produce many public communications during the reporting period. Not all Departments are the same—one size does not fit all—but we know that there is room to improve and we have committed to doing so. With that in mind, there are four specific commitments that are recognised within the need to improve, which I will describe, because the Secretary of State has been clear about our determination to take greater action to drive forward progress, with four separate commitments to help us make progress.
First, although the BSL Act only requires for a BSL report to be published once every three years, I am pleased to confirm that the Secretary of State has made a commitment to publish a BSL report every year for at least the next five years. Again, that goes to the very point about transparency, and arguably is a tool to aid our conversations within Government around individual departmental performance, allowing us to continue to drive improvement, highlight successes, learn from the case studies in the first BSL report and remain accountable to the deaf community.
Secondly, we are committed to discussing the findings of the report at the next meeting of the ministerial disability champions, who are Ministers appointed by the Prime Minister to provide a personal lead in championing accessibility and opportunity for disabled people within their Departments. We have already done that, and the ministerial disability champions will work with their Departments to increase the use of BSL in their communications. The ministerial disability champions are specifically appointed to lead the inclusion agenda within their Departments, but I want to explore what more we can do to drive greater accountability and ownership of those actions, making sure that this inclusion agenda is right at the forefront of our thinking—and that we are doing these things up front, rather than their happening as an afterthought—when it comes to policy development, legislative change or any other announcements that we might make.
Lilian Greenwood
I was reflecting on the Minister’s comments just a few moments ago about the differences between Departments, and the way in which the information in the report is set out under different headings, such as “Public announcements about policy or changes to the law in BSL” and “Publications (plans, strategies…). That information is presented as a number, but it might be more useful if it the proportions were presented. For example, if we knew how many public announcements the Department had made and how many were also produced in BSL, we would have a better gauge of whether the Department was doing well or not so well, because I would hope that when a Department is making important announcements, it would automatically produce them in BSL as well as in English. Is that something that the Minister might consider in future reporting?
Tom Pursglove
I am of course very happy to consider suggestions as to how we can try to provide greater transparency around this performance and better itemise the output that Departments are making around communications, because I genuinely want this process to be a success. Getting it right is an important barometer of the inclusion agenda. Anything we can do to give people confidence that we are getting this right can only be a good thing, and I am willing to explore anything that aids transparency, so I will gladly take away the hon. Lady’s suggestion in the spirit with which it was made.
I return to the four commitments. Thirdly, building on these ongoing discussions, the Secretary of State for Work and Pensions will ask each ministerial Department to produce a five-year BSL plan, setting out how it plans to improve its use of BSL. These plans will be included in the next published BSL report.
Fourthly, the Government Communication Service has published internal guidance for Departments that covers how to plan and deliver British Sign Language content where it is needed, to meet the needs of deaf BSL users. It has been written with the help of professionals and those with lived experience of British Sign Language.
In addition to those measures, I am pleased to confirm that officials will be working with the BSL Advisory Board to formulate the guidance specified in section 3 of the 2022 Act. That section places a duty on the Secretary of State for Work and Pensions to issue guidance promoting the facilitation and use of BSL. It is important to recognise both that all members of the advisory board have lived experience of BSL, and that we went through a thorough and proper process in making appointments to the board. Their work will include advice for relevant Departments on best practice to support BSL users in accordance with the Equality Act 2010, the public sector equality duty and the British Sign Language Act 2022. It will also contain broader advice on best practice for communicating with BSL users, including case studies to illustrate the value of providing BSL interpretation in communications with the public both in our central communications and in frontline services.
During the debates on the British Sign Language Act 2022, we heard Members recount the everyday experiences of their constituents in accessing public services. Again, let me be clear that it is not good enough to ask the hearing child of a deaf parent to relay an intimate health diagnosis or to deal with financial issues on behalf of their family. There should be a professional BSL interpreter in those circumstances to ensure dignity and respect to the deaf adult and their family members.
Angela Richardson
On the incredibly important point the Minister is making, although this issue is not necessarily for his Department, people fleeing domestic abuse need very specialist support, and often the person who would act as interpreter is the person perpetrating the abuse. There are instances where Departments need to step up the support for the interpretation needs of those fleeing domestic abuse.
Tom Pursglove
My hon. Friend raises a point that all of us will want to give due care, attention and thought to. We all want to ensure that the very best support is available for victims of domestic abuse to ensure they get the care and support they need, and that such matters are handled with the utmost sensitivity. The right support must be in place to allow them to be cared for and supported, and to have the recovery that we all want them to. If my hon. Friend provides me with more detail about whether there is a specific underpinning to that question, it is something I would be willing to ask the ministerial disability champion in the Home Office and the Ministry of Justice to look into. That would mean they are aware of those experiences as part of their policy development when taking that important agenda forward.
Jim Shannon
I want to cast the Minister’s mind back to when the SNP spokesperson, the hon. Member for Aberdeen North (Kirsty Blackman), referred to the GCSE and the need for sign language to do that course. I mentioned that my oldest grandchildren had done some rudimentary sign language at school, which enables them to have a compassion for, and an understanding of, those who use it. When it comes to schools, as we all know, we do rudimentary first aid; it is elementary, but it does provide some understanding of the subject matter. It is not the Minister’s responsibility, but can I ask that he engages with Education Ministers on that?
Tom Pursglove
I am very willing to obtain an update for the hon. Gentleman on the work that we are doing to try to drive forward the uptake, availability and usage of BSL in our schools. I touched on the opportunity of the BSL GCSE, which is something that is welcome and an important part of that jigsaw. I will go and get him an update from the Department for Education. He also raised in his remarks—I scribbled down in my notes—whether there were steps we could take to engage with the Department for Communities in Northern Ireland on this agenda more broadly. Again, I am very willing to take that away and ask my officials to reach out to Department for Communities colleagues and counterparts to see what we can do to ensure that across England, Wales, Scotland and Northern Ireland we are approaching these matters in an inclusive and joined-up way, and that where we can collaborate we do so in order to take this important agenda forward.
Chloe Smith
Before the Minister moves on from the guidance, will he confirm that he will lay the statutory instrument that enables part 3 to happen?
Tom Pursglove
My right hon. Friend the former Minister is trying to draw me out early on this point—I will get there imminently.
More needs to be done to enforce the obligations outlined in the Equality Act 2010, and Departments must strive to ensure that BSL signers have appropriate access to their services. A point was raised on the availability of data and the join-up between services to ensure that we understand needs. Specifically, the question was about the number of responses to the disability action plan. We received approximately 1,350 responses to the disability action plan. We are working through those responses and will come forward with a final version of that plan, having given proper consideration to all the feedback.
My right hon. Friend will know that one of the areas we consulted on was data. We want to take forward commitments in a joined-up way. Of course, we are now in a different place in relation to the national disability strategy, where commitments were also made around data. I want there to be proper joined-up, collective working across those two pieces to ensure the maximum impact when it comes to better understanding disability and people’s needs, and identifying which interventions best support people. We will come forward with that work in the near future, and I hope that there will be some opportunity to set out the steps we will take to improve that understanding and the quality of data that we have as a Government, working in partnership with others. Colleagues across the House were right to ask those questions.
The BSL Advisory Board will advise the Government on the guidance detailed in the BSL Act and on its implementation to best represent the deaf community. This external guidance will be published by the Secretary of State for Work and Pensions during the next BSL reporting period—summer 2024—with support from the Cabinet Office Disability Unit.
I am hugely appreciative of the interest shown this afternoon by colleagues from across the House. I am determined that we as a Government must set the standard by which we ask others in our society and our communities to follow, ensuring that we deliver on this important agenda in the spirit of partnership, driving inclusion and broadening opportunity. A lot of questions and points were raised during the debate. I will go away and look at Hansard, and I will gladly place an update in the Library if there are any areas that I have not had the opportunity to touch on this afternoon.