Chronically Sick and Disabled Persons Act 1970: 40th Anniversary

Baroness Campbell of Surbiton Excerpts

Thursday 17th June 2010 Lords Chamber

[Baroness Campbell of Surbiton]

My Lords, I very much welcome this debate, which recognises the groundbreaking legislation introduced by the noble Lord, Lord Morris, 40 years ago. It presents us with an opportunity to reflect on how we can continue to build on its legacy. When the noble Lord, Lord Morris, took the Chronically Sick and Disabled Persons Bill through the other place, he was a relatively new MP and I was a wee child. I feel like a child now, trying to follow such a wonderful contribution.

The world was a very different place for disabled people in 1970, full of barriers and social prejudice that kept us segregated and excluded. I was a very fortunate child because I would grow up alongside millions of other disabled people to benefit from the provisions of this groundbreaking Act. The noble Lord, Lord Morris, is to many disabled people, including me, what Millicent Fawcett was to women—a visionary leader, who understood how to change attitudes and social policy from within the heart of the establishment, a leader who worked hand in hand with the people for whom he was fighting. In 1970, most disability advocates spoke for disabled people. The noble Lord, Lord Morris, was one of the first parliamentarians really to understand our slogan:

“Nothing about us without us”.

He spoke with us, not for us.

In preparing for this speech, I spoke to disabled people who fought alongside the noble Lord, Lord Morris, to get the Act on to the statute book. One of them will be very familiar to your Lordships: Sir Bert Massie, the former chief executive of RADAR. He said to me that the Alf Morris Act—it was never known as the Chronically Sick and Disabled Persons Act, which was always a bit of a mouthful; we all called it the Alf Act—was a watershed in turning a homogeneous disability culture of handouts and charity into one of entitlement and recognition.

Sir Bert reminded me of the benefits that I inherited from this first major battle for rights in Parliament since the 1940s. It was the first legislation that recognised the existence of autism and dyslexia. It was the first legislation that recognised the importance of buildings and the built environment being accessible to disabled people. It also created the blue badge scheme to enable people to park close to their destination. Finally—and this is very dear to me—it was the first legislation that recognised the desirability of involving disabled people in the decisions that affect our lives. For example, the Act required the appointment of disabled people on a number of government committees. I wish that the Government would remember that now, because we are still not yet there.

Although the Act was groundbreaking, it was not long before disabled people realised that it could be undermined and that there were loopholes and get-outs for people who did not want to comply. It required buildings catering for the public to be accessible, but in the legislation were the words

“in so far as it is … practicable and reasonable”.

As early as 1971, Tesco wanted to build a supermarket on the site of a cinema in Liverpool. The cinema was accessible, but it would have to be demolished. It was proposed to build a new one on top of the supermarket. Liverpool City Council requested that the new cinema should also be accessible, but Tesco and the Cinema Exhibitors’ Association resisted this under the get-out that it was not reasonable or practicable.

That gave a clear message that, even then with a brand-new building, it was acceptable to ignore the access needs of disabled people. It took until the mid-1980s before building regulations were changed to require new buildings to be accessible. It was not until 2004 that the requirement for services to be accessible to disabled people, regardless of the building from which they are provided, became law. Even today, as I know from personal experience, many buildings are still a no-go zone for those of us with mobility impairments. In that sense, the Act is still unfinished business, with a long way to go.

Section 2 of the Act listed a number of services that local authorities should provide for disabled people. When the noble Lord, Lord Morris, became the world’s first Minister for Disabled People in 1974, he made it clear that, if a local authority determined that a person had a need under the provisions of the Act, it had a duty to ensure that that need was met. Local authorities could not use limitations of resources as an excuse not to act. This enabled many hundreds of disabled people to begin planning for independent living. During the late l970s and the early l980s, severely disabled people, who once only had the choice of living in institutions or in their parents’ sitting rooms, began to get local authority support to live independently. Nevertheless, this entitlement to support, enshrined in the Act, was eventually challenged in the courts. Yes, “reasonable and practicable” raised its ugly head again.

At this point, Baroness Wilkins continued the speech for Baroness Campbell of Surbiton.