Domestic Abuse Bill

Baroness Campbell of Surbiton Excerpts

Report stage & Lords Hansard
Monday 8th March 2021 Lords Chamber

Moved by

[Baroness Campbell of Surbiton]

4: Clause 2, page 2, line 29, at end insert—
“( ) A is a carer for B who is a disabled person.”Member’s explanatory statement
This amendment and the amendments at page 2, lines 34 and 37, in the name of Baroness Campbell of Surbiton, would bring the relationship between a disabled person and their carer within the definition of “personally connected”.

[Baroness Campbell of Surbiton (CB) [V]]

My Lords, in moving Amendment 4 to Clause 2 I will also speak to my Amendments 5 and 6. These amendments would bring the abuse of disabled people by carers within the scope of domestic abuse under Clause 2. I should mention that I have also tabled Amendments 46 and 47, which would make identical changes in relation to controlling or coercive behaviour under Section 76 of the Serious Crime Act 2015. They will be discussed on another day.

I thank the Minister, the noble Baroness, Lady Williams, and her officials for our recent meeting, which was very helpful in clarifying our mutual concerns, which I will refer to in a moment. Sadly, I have heard nothing further since, so I assume that the Government are not yet convinced that the Bill should include disabled people and carers. I hope that, after hearing today’s contributions, the noble Lord the Minister will commit to return at Third Reading with an alternative clear offer, otherwise I am afraid that I will have no other option than to divide the House.

Amendment 4 has cross-party support. I am grateful to all co-signatories for their advice and backing on this issue, and to many other Members across the House who also wished to be co-signatories. Since Committee I have given the issue a lot of attention, consulting, among others, organisations dealing with disabled victims of domestic abuse. I also sought a legal opinion from lawyers specialising in social care and disability discrimination.

The vast majority of carers are caring, compassionate and utterly loyal. We owe our lives to them—I know I do—but in a small number of cases this is not so. Domestic abuse is not limited to family members or sexual partners. That is what we used to understand by the term; today, we know better. Disabled people of any age can be abused by those on whose care they rely. These relationships often involve an imbalance of power and are just as susceptible to abuse as those between family members or partners. Disabled people may be wholly dependent on another to live an independent and active life, 24 hours a day. That dependency and the trust that it requires makes them an easy target to exploit or abuse.

The Joint Committee on the draft Bill recognised that abuse by carers “mirrors” abuse

“seen in the other relationships covered by this Bill”,

and, importantly, occurs in a domestic setting. It recommended amending Clause 2 to include all disabled people and their carers, paid or unpaid.

Some of our closest and most intimate personal relationships are with those who care for us. Many carers see us naked in the shower, have access to our bank accounts and observe us at our weakest, physically, mentally or emotionally. This can make us feel very vulnerable. They are often privy to things that we do not share even with our family or partners.

I speak from 30 years of personal experience, but not only from that: I am also as a former CEO of the National Centre for Independent Living, working with thousands of disabled people who managed their carers, often termed personal assistants. I remember one haunting example of abuse of a severely disabled man without speech who came to me. He had a communication board that was regularly removed from reach so that his carer was not interrupted. He was too afraid to complain because, as he put it, of the “likely consequences”. Evidence from Stay Safe East and other organisations clearly demonstrates that such abuse continues today.

--- Later in debate ---

In conclusion, while I acknowledge the spirit in which these amendments are intended, I hope that noble Lords will accept the importance of retaining domestic abuse as an internationally recognised distinct form of abuse. As I have indicated, were the amendments to be added to the Bill, they could significantly set back our work on implementing it. It is right that, where a disabled person is abused by a carer who is not an intimate partner or family member, this is called out and that there are remedies available. I hope that I have been able to reassure the House that such remedies and protections exist. I very much hope that I have been able to persuade the noble Baroness, Lady Campbell, to withdraw her amendment. If she does divide the House I would ask noble Lords to consider carefully, before voting, the ramifications of these amendments for the Bill, for its implementation and for our shared endeavour to tackle the scourge of domestic abuse as it is commonly recognised in the Istanbul convention and elsewhere.

[Baroness Campbell of Surbiton (CB) [V]]

My Lords, first, I thank the Minister for her reply, although I am deeply disappointed. I thank all noble Lords for their support and their powerful application of the issues I tried to address in my contribution, which explained the aims of this amendment. I have been on a long journey of learning and studying since Committee. I have talked to lawyers, disabled people and many Members across the House.

Support for disabled people in the UK has rightly evolved over the years from a “carer knows best” approach to supporting individuals to take control of their lives in the community. This means that some disabled people now feel more able to speak out about some of the horrendous abuses they have suffered at the hands of their carers within the domestic home. This was ably put by the noble Baroness, Lady Brinton, the noble Lord, Lord Shinkwin, and others. It is not comfortable to acknowledge, as the noble Baroness, Lady Altmann, acknowledges. It is not comfortable to think about the domestic abuse of disabled people within the intimate setting of the home—but it takes place. Acknowledge it we must, and we must develop a solid way to address it.

The Bill is perfectly placed to acknowledge this kind of domestic abuse. It is a landmark Bill that would not put disabled people in the ghetto of social care. I am glad the noble Lord, Lord Randall, now understands more about why I pressed for the inclusion of disabled people and carers in the Bill, and I am glad he has changed his mind somewhat. I had wished the same from the Government today, but the reply indicates to me that they simply do not understand the nature of domestic abuse experienced by disabled people, which fits classically within the definition of this Bill.

I do not want to rehearse my replies to the Government, because that would take up too much valuable time, but, in answer to the accusation that the amendment would dilute the focus of the Bill and the work of the commissioner, I will say that that argument is very spurious. It will not dilute this Bill; it will strengthen it, because it will include those who are, at this moment in time, being domestically abused because they rely on another human being for their care. We rely totally on carers, as we would on a mother, a father or a partner.

So I do feel I need to test the opinion of the House, because I do not agree with the excuses given tonight. The answers I have given throughout my amendment speech, and the other speeches this evening, show why it is perfectly adequate and practical to have this included in the Bill. It would not dilute the focus or understanding of the Bill: no, it would enrich them. So I would like to test the opinion of the House.

--- Later in debate ---

Moved by

[Baroness Campbell of Surbiton]

5: Clause 2, page 2, line 34, at end insert—
““carer” means an adult who provides care, whether paid or unpaid;” Member’s explanatory statement
See the explanatory statement for the amendment at page 2, line 29 in the name of Baroness Campbell of Surbiton.

Domestic Abuse Bill

Baroness Campbell of Surbiton Excerpts

Committee stage & Committee: 1st sitting (Hansard) & Committee: 1st sitting (Hansard): House of Lords
Monday 25th January 2021 Lords Chamber

In general, I support all of these amendments. We need to look at “personally connected” in Clause 2. The final amendments relate to Clause 3, and with Amendment 14, the noble and learned Baroness, Lady Butler-Sloss, has hit on something very important. We have to recognise that there are domestic situations which do not necessarily reflect our own experiences, and those are exactly the sort of cases where serious and unpleasant domestic abuse happens, and we should be ready to make sure that the law covers all of those instances. I look forward to hearing what the Minister says, and perhaps at Report, we can have something in front of us which clarifies some of these points.

[Baroness Campbell of Surbiton (CB) [V]]

My Lords, I support Amendments 7, 12 and 13 in this group, but today I am speaking to moving Amendment 11 as my noble friend Lady Grey-Thompson is, unfortunately, not able to be in her place.

As someone who is supported by personal care assistants 24/7, I have a deep understanding of this territory, and I was sorry not to have been able to participate at Second Reading. Amendment 11 is a probing amendment, and it raises challenging issues which need tackling. The amendment is similar to Amendment 12 proposed by the noble Baroness, Lady Wilcox of Newport. It has been tabled in response to disabled peoples’ express plea that the Bill should address the covert abuse that some individuals experience from a carer, whether paid or unpaid. Carers often have a close connection to the person they are supporting, through their personal care or day-to-day activities.

While most who care for disabled people do so with great kindness, respect and the best intentions, there are a significant number who do not, and who go on to abuse those who rely on them. Society finds it hard to believe that somebody would abuse a disabled person who cannot fight back—somebody like me. However, the 2018-19 Crime Survey for England and Wales found that people with long-term illnesses or disability were more likely to experience domestic abuse than those without. The abuse that they experience is often directly linked to their impairments and is perpetrated by the individuals that they are most dependent on for care.

In the absence of any close family or friends, carers are considered as welcome substitutes by some disabled people who are isolated and feel lonely and anxious. In the main, this is a mutually kind and equitable relationship. However, evidence shows that, on occasions, the situation is sometimes exploited by the carer, leading to an abuse of power and pervasive means of coercive control. As stated by the noble Baroness, Lady Wilcox of Newport, examples of stealing, physical harm and bullying are more common than anyone would care to acknowledge.

Such victims need to be able to confidentially access justice and independent support services, when faced with a carer abuser. This is very challenging when the disabled person requires help to carry out the simplest of tasks and has no one to ask to help them to contact these people. This amendment could ensure that disabled people who require paid or unpaid people to support their day-to-day existence are adequately protected from domestic abuse. Currently, there is no clear route which carries out this function adequately.

The Government are not yet convinced of the necessity to include disabled people. They say that if the carer is a family member or a partner they will be covered by the Bill, because that is a significant personal relationship. In other cases, abuse of a disabled person by their carer is already covered by existing legislation. However, not all carers are necessarily regulated by existing legislation, yet the relationship they have with disabled people can be just as significant. Such carers often support the individual in very intimate ways. Strong, particularly close, personal attachments can occur, very similar to that to a partner or relative. It also takes place in a domestic setting.

Further, the existing protection is clearly not working. If the treatment of a disabled person amounts to behaviour that is “abusive” under Clause 1(3)—if it is controlling, coercive or threatening, or it involves physical, sexual, economic or psychological abuse—it seems wholly wrong to exclude it. Of course, this will not be the first time that disabled people’s concerns have been left out of mainstream public rights. Let us not do it again here.

I appreciate that Section 42 of the Care Act 2014 places a duty on local authorities to carry out safeguarding inquiries if they suspect abuse, but there is plenty of evidence to show that they are failing to identify victims, even those at highest risk. This Bill, with this amendment, could respond to the need for added protection. Many personal assistants who are employed by disabled people—I have that ability through my own personal health budget—are not regulated. We do not come under safeguarding measures. We are alone, to manage and control our PAs ourselves; it is something that we choose to do. I would want to know that this legislation covered me if I ever found myself in a situation where my PA was abusing me.

I will give just one harrowing example of why the relationship of carers and disabled people needs to be covered by this Bill:

“A neighbour befriended a woman with learning disabilities, became her carer and provided her with support. He then demanded sex and verbally abused her because she would not have sex with him.”


This woman experienced abuse by a neighbour whom she trusted, who had, in effect, become a close family friend and carer; someone with whom she felt a personal connection; somebody who had access to her house at any time of the day.

Disabled people face huge barriers in getting support from the services that are available today. We are all acutely aware of the crisis that exists within social care and the inadequate capacity to respond to such cases. In addition, it is extremely difficult to access domestic abuse services if you are a disabled person. We have to find a way to ensure that, if a disabled person experiences abuse by a carer, they have the same rights as any other victims who fall within Clause 2(1). This amendment will make the Bill as inclusive as possible, to protect all those who are abused in a domestic setting and afford them the same access to justice.

Committee on the Equality Act 2010 and Disability Report

Baroness Campbell of Surbiton Excerpts

Tuesday 6th September 2016 Lords Chamber

[Baroness Campbell of Surbiton (CB)]

My Lords, I, too, welcome the Prime Minister’s desire to create a country that works for everyone. Last December, disabled people marked the 20th anniversary of the Disability Discrimination Act with a very big party. So it is a good time for renewed government commitment on the eve of the Paralympics. It is worth remembering the extraordinary success of the London Paralympics, seamlessly integrated into the overall planning of 2012, in deep contrast to what is happening in Rio.

It was a great privilege to be a member of the Select Committee. I have been involved in the campaign against disability discrimination from the very beginning. I lobbied and demonstrated and I even got arrested in the 13-year battle for the DDA. I served on the ministerial taskforce that set the parameters for the legislation and then on the Disability Rights Commission to enforce the law, educate the public and develop good practice. When the commissions on race, sex and disability were merged with the new protective groups into the overarching Equality and Human Rights Commission, I was again appointed as a commissioner and the first chair of the disability committee. I tell noble Lords this because I believe that I am uniquely placed to compare disability equality under two Acts and two commissions, one with a specific disability focus and the other generic.

First, I pay tribute to my noble friend Lady Deech, whose chairmanship of the committee was exceptional. She steered it with strength, commitment and great foresight, providing leadership that, frankly, inspired us all. Our collective endeavour speaks for itself, including the excellent work of the clerks and the special adviser. It was a joy to be part of. The report recommends workable, low-cost, legislative and practical changes that would greatly enhance equality for disabled people in this country. This has been echoed in another place by Maria Miller MP, chair of the Women and Equalities Committee.

Turning to the Government’s response, I welcome the positive decision—albeit after 20 years—to enact Section 165 of the Equality Act, requiring taxis to carry wheelchair users at no extra cost. The timing of the announcement was quite uncanny: it was the very day that Channel 4 invited me to talk about the report. I hope that it asks me more often. Sadly, that did not set the tone for the rest of the response. I note that where the committee accepted the status quo the Government agree, but otherwise they merely report on meetings held or in the pipeline, which perhaps explains why equality for disabled people has so markedly stalled since the demise of the Disability Rights Commission.

At some point, talking has to give way to action. Our report was guided by the life experiences of disabled people, in written and oral evidence, and we also visited the inner London Centre for Independent Living, run by disabled people. So I am sure noble Lords will understand disabled people’s frustration at the failure of the Government to embrace the recommendations more fully. There is a striking similarity in the Government’s response to the 1980s series “Yes Minister”. At that time, if the Permanent Secretary wanted to avoid action, one of his techniques was to establish an interdepartmental committee to review whatever was on the table. These committees could easily sit for years, ensuring that there was plenty of activity but absolutely no action.

The preamble emphasises the Government’s distaste for regulation, reverting to the arguments of the 1980s and 1990s. Once again, I hear the exhausted cliché that regulation will not change hearts and minds, and that,

“changing hearts and minds will lead to better attitudes, better access, and better outcomes for disabled people”.

The Government claim they have achieved more by initiating “conversations” with disabled people and the public and private sectors than the “blunt instrument of regulation”. Our report clearly demonstrates that this approach is not working. All the evidence shows that without legislation we cannot win “hearts and minds”. One of the first formidable disabled campaigners for civil rights legislation, Sir Peter Large, argued in the 1970s that:

“I do not care what people think about me. I am concerned about how people behave towards me. Laws regulate behaviour”.

The Government’s response suggests that cutting the employment and support allowance is helping disabled people. They also boast about Disability Confident. Sir Bert Massie, who chaired the Disability Rights Commission from its inception, reminded me, as I prepared for this debate, that it was only when we used carrot and stick that the employment gap began to narrow. We were ready to enforce the law, which captured employers’ attention, but it was supplemented by codes of practice and education. Regulation is crucial in changing hearts and minds.

I turn to our specific proposals. We recommended that the Equality Advisory and Support Service is restored to the EHRC. The Government defend the current service. They then seek to justify the decision to put the contract out to tender, claiming that the EHRC did not express an interest in taking it in-house. This is not true. The EHRC flatly refutes this, saying it strongly supports our recommendation, and made clear to the Government its concerns about EASS, and its desire to take back responsibility or at least greater control. However, EHRC’s role has been restricted to a seat on the management board for the new service. This is not simply a discrepancy between two accounts; it indicates a total lack of understanding by the Government of the central role of the helpline. It was one of the DRC’s prime assets, enabling it to monitor the kind of problems disabled people were experiencing. Indeed, a number of its key legal cases started with a call to the helpline. The new contract has now been awarded to G4S, which is devastating news. It beggars belief that a company with such an appalling history of abuse and mismanagement could have been appointed to provide such an important and sensitive service.

The helpline is even more critical now that access to justice through the courts is all but impossible because of tribunal fees, severely reduced legal aid and red tape procedural changes. It is deeply disturbing that the Government have rejected all the committee’s proposals to remedy what is a denial of justice: for instance, changing the costs rules; restoring statutory questionnaires and tribunals’ power to make wider recommendations; and allowing charities to bring class actions.

Another area of concern is the public sector equality duty—a tool to help public services ensure disabled people’s inclusion in society. My noble friend Lady Deech has referred to the due regard duty but we also recommended new specific duties to bring them closer to Scotland and Wales and the previous disability equality duty. Public authorities would have to make an action plan and involve disabled people, collect and publish data and report on progress. As we know, the Government were planning to review the duty again. We suggested that our proposals should be the starting point—eminently sensible, you might think. Therefore, it is deeply dispiriting that the Government’s response is merely that our concerns and recommendations will be taken into account in any review.

I refer to codes of practice. We recommended that the Government should lay the EHRC’s technical guidance on the public sector equality duty, schools and further and higher education before Parliament as statutory codes. The Government’s response—that the advice is already available as technical guidance and can be taken account of in the courts—completely misses the point. Technical guidance does not have the status of a statutory code of practice, which must be taken into account. That is what gives codes the authority that they have. It is also what makes them helpful to employers and service providers as it makes clear what has to be followed and what need not be. Therefore, when the Government say they need “clear evidence” that codes of practice would help compliance with the legislation, they are ignoring the evidence they have.

In contrast, all the DRC codes of practice were accepted by the Government of the day and approved by Parliament. They were welcomed by everyone who used them for the clarity and practical help they provided. Is it not time that the Government departed from their dogmatic principle that regulation is bad and flies in the face of their sacred Red Tape Challenge?

When the committee was taking evidence, I became acutely aware of how many people mourned the loss of the DRC and the positive impact it had on their lives over its seven years’ existence. The EHRC has nine years under its belt. How do they compare? During our nine months of receiving evidence, I was struck by the vast number of submissions from disabled people and their organisations who complained that the broader remit was not effectively combating disability discrimination. Unlike the noble Baroness, Lady Prosser, I was disappointed that the EHRC rejected our suggestion to retain a disability committee when its statutory role comes to an end. Like the noble Baroness, Lady Prosser, I sat on the EHRC, but unlike her, I also sat on the Disability Rights Commission for its entire existence, so I am able to make that comparison. The disability committee at the very least provides a structure to focus on the barriers specific to disabled people. Eradicating inequality, as the noble Baroness, Lady Thomas, said, does not mean treating all groups in society the same. No to integration; yes to inclusion. When I was at the EHRC I felt that we were on the side of integration and not quite there on the side of inclusion.

The demise of the DRC has undoubtedly put disability equality in the slow lane because the broader remit has simply become too broad to identify the host of complex disabling barriers faced by disabled people. Can the Minister explain how the complex nature of disability will be accommodated in the Government’s new “broader remit” they speak of in their response?

Much of the EHRC response to the committee’s report was heartening and I welcome the new chair’s recent reference to “a more muscular” approach—it desperately needs it. But I agree with my noble friend Lady Deech that the Government need to go back to the drawing board. On 27 August our new Prime Minister crystallised her determination to address the burning injustices in society by announcing an equality audit of public services, starting with a review into how ethnic minorities and white working-class people are treated by public services. Disabled people are part of the black and working-class population and face dual discrimination. It graphically illustrates why Section 14 is necessary. However, I ask the Government to ensure that disabled people are at least included in this audit if, as they say in their response, the Government do not feel that Section 14 should come into force.

In preparing for this debate I asked Sir Bert Massie, a trusted adviser to Governments over three decades, for his reaction to the Government’s response to our 55 recommendations. If anyone understands how to tackle deep-rooted discrimination, he does. He said:

“It is now ... 35 years since disabled people called for the right to be treated as equal citizens. Yet the Government still wants to ... talk and meet. It is no wonder disabled people are ... becoming increasingly angry. The Government’s tepid response to the Committee’s report clearly demonstrates a deep lack of understanding and concern about Britain’s disabled people”.

I am afraid that this just about sums up how the committee and disabled people feel about the Government’s disability agenda in 2016. Yes: it is time for the Government to go back to the drawing board.

Bus Services Bill [HL]

Baroness Campbell of Surbiton Excerpts

Wednesday 8th June 2016 Lords Chamber

[Baroness Campbell of Surbiton (CB)]

My Lords, as the Minister rightly said, public transport is essential to communities and ensures that we flourish as individuals economically and socially. The Bill provides an excellent opportunity to improve the access of disabled people to bus services to progress equality for all.

I clearly remember the days when disabled people were considered not part of the public when it came to public transport. It was the first public service that we fought for in our 30-year campaign for universal civil rights. For us, it was a case not of social apartheid as it was for Rosa Parks, but of physical apartheid. We were denied access on the grounds of having wheels, not legs.

I took my first bus ride in New York when I was 26. It was one of the most liberating experiences of my life—travelling like everyone else rather than in segregated transport with “ambulance” emblazoned on the side, as I was very used to at home. Fast forward to 2016 and we can see that accessible bus services have progressed exponentially in the UK, albeit mostly in the big cities. If we look around in London we see wheelchair users queueing at the bus stop with their peers—off to work, to the shops, on a night out or to visit a friend. We are now visible, which in itself creates changes in attitudes, and eventually a shift in social behaviour.

However, there is still much to be done if buses are to be fully inclusive to all disabled people, whatever their disability. This was encapsulated in evidence to the recent Lords Select Committee on the Equality Act 2010 and Disability, of which I was privileged to be a Member. Transport for All wrote:

“While there are some examples where the Act has been useful in making the case for equality to transport providers, it has largely failed in bringing about transport equality for disabled people”.

A clear example of this is the lack of audio-visual announcements on buses, which would open up travel for blind and partially sighted people—but not only for people with visual impairments, as it would open up travel to a great many people with hidden disabilities, such as dementia, autism, learning disabilities and mental health conditions. The Select Committee heard that, outside London, few bus companies had installed audio-visual information or hearing loops and that 65% of blind and partially sighted passengers had missed their stop over a six-month period in 2015. I repeat: 65%. Imagine trying to get to work on time.

Far too many people are excluded from transport. Disabled people still face many hurdles. The impact this has on their ability to lead active, healthy, social and productive lives is unacceptable in a wealthy society such as ours. Some bus companies and services are very good but many are not. Access to bus services must not simply be a “nice to have if it can be achieved”, or an afterthought in transport policy and law.

We must focus much more on the market opportunities of inclusion, not the one-off cost of installation. Inaccessibility should now be seen as both a market failure and a regulatory failure. Disabled people are good for business because they ride far more than they drive. They spend about £212 billion annually, according to the Extra Costs Commission. Yet the Government’s Red Tape Challenge views accessibility requirements as a burden on business. The Government need to think a lot more about what is the burden on disabled people and the waste of money and cost to society that exclusion brings. This Bill could showcase how to make equality and accessibility part of the DNA of bus design and operations, to a standard that is consistent and reliable. It should help local authorities through the franchising process and partnership arrangements to require bus companies to disability-proof their fleets and train all their operators. As most disabilities are now age-related, with an ageing population this is also a way of future-proofing their business.

In Committee, I will look for opportunities to embed accessibility and equality in policies and regulation consistently across the country, in consultation with disabled people and their organisations. At the moment, the Bill appears to focus exclusively on the management and regulation of bus services by local authorities. Access for disabled people is barely mentioned yet remains a major challenge for the bus industry, despite the Public Service Vehicles Accessibility Regulations 2000. The Bill makes provision for more information to be available to passengers—for instance, timetables, fares and routes using innovative apps and digital formats. That is good news, one would think. However, 25% of disabled adults have never used the internet, compared to 6% of non-disabled people. Wider provision is welcome but information needs to be in multiple forms if it is to be accessible to all the public—including disabled people, who are the public.

Can the Minister assure us that additional access considerations will not be caught by the Red Tape Challenge or laissez-faire localism? While localism is good, and can be innovative and serve local populations, it can also be the enemy of equal access for all. Can he clearly confirm today that accessibility will be addressed in the Bill and will not be regarded as a burden on local authorities or bus providers? On the contrary, it would boost business and increase the life chances of disabled people, while also—very importantly—complying with the Equality Act. Everybody wins, including the Government, who desperately want disabled people to be independent and less reliant on costly support services. The Department for Transport’s overview of the Bill says that the aim is to unlock opportunity. I hope the Minister can assure me that this includes disabled people throughout. The Government have a big challenge to meet by the end of the parliamentary term—a manifesto commitment to close the disability employment gap of 30%. Travelling to work is one of the key barriers facing disabled jobseekers. Accessible bus networks across the country will help the Government towards meeting that target. The evidence of disabled people was invaluable to the Select Committee on the Equality Act. What steps is the Minister taking to consult closely disabled people and their organisations, especially those with expertise on accessible transport, during the passage of the Bill?

There is much to be said for the devolution of bus services to local authorities. However, as I said, devolution can become the enemy of accessibility. Standards of accessibility should not be a postcode lottery; they are universal. Passengers should know in advance what to expect and be confident that they can rely on bus travel wherever they are, as they go from local authority to local authority. Their journey may cross different local authority areas or connect with the train. Consistency is absolutely vital to make it work. We should learn from the rail industry, which is progressing towards greater uniformity in accessibility requirements through the system of disabled people’s protection policies—DPPPs. Train and station operators must have these in place, approved by the regulator, and comply with them as a condition of their licence. Why does that not apply to the bus service? Can the Minister please tell me why such a system is appropriate for the rail sector but not for the bus sector? Would he be willing to meet me and my transport advisers to explore such an approach? Without it, it is difficult to see how consistency of accessibility will be achieved. Local authorities will be empowered to do what they can rather than what they should. If bus providers do not have this requirement, I fear that they will have no incentive to do more than the minimum.

In conclusion, the Bill has the potential to stimulate the local economy and keep UK citizens on the move, working, socialising and exploring. Bus travel is a public service and we too often forget that 11 million disabled people are part of that public. Freedom of movement is a fundamental human right. If disabled people are to enjoy that right too, accessibility must be hardwired into the design and delivery of our bus networks. I hope noble Lords will help to ensure that this is addressed throughout our deliberations on the Bill.

Disabled People

Baroness Campbell of Surbiton Excerpts

Thursday 5th May 2011 Lords Chamber

[Baroness Campbell of Surbiton]

My Lords, I thank the noble Lord, Lord Low, for securing this debate. As always, his timing is impeccable. Today, I shall confine my remarks to independent living. I was thinking, “Goodness, I’ve got to declare my interests”, but, to be honest, as my entire contribution reflects both a professional and personal interest, I should like all noble Lords to take it as read that I have a big declared interest in this area.

Over the past 40 years, successive government policies have liberated disabled people by increasing the choice and control that we have over our lives. We call this independent living. It is not simply about being helped to get up, to go to bed and to get out of the front door; it is about getting the support needed to access all life’s opportunities, such as work, leisure and family life—in fact, all the things that non-disabled people take for granted.

All Governments have stated their desire to maximise disabled people’s choice and control, and they have clearly recognised that by introducing policies and legislation to realise that goal. The Community Care (Direct Payments) Act, the Independent Living Fund and the Government’s strategy, Improving the Life Chances of Disabled People, are but a few notable achievements. Most importantly, Governments have provided the money necessary to put them into practice, and that, as we have seen over the past decade, has generated cost savings.

Disabled people are now visible. We witness them working, raising families, supporting others through volunteering, and even securing debates and speaking in this Chamber. Alas, this progress is possibly now at risk. When this coalition Government came to power, they rightly needed to spend wisely and to cut wherever possible, but their treatment so far of essential independent living support for disabled people has become alarmingly unwise and potentially even dangerous. I can point to three policies that are having a cumulative effect of putting independent living at risk and of turning back the clock on this Government’s past brilliant reforms regarding independent living.

The first is the refusal to ring-fence any of the additional £2 billion of social care money made available to local authorities directly to support independent living for disabled people. The Association of Directors of Adult Social Services estimates that local authorities have cut £1 billion from the social care budget before we even begin. A quarter of these cuts are going to be to front-line services for older and disabled people. The second is the decision to close the Independent Living Fund without local authorities being in a position to replace it, as was the position before. The fund is already closed to new applicants, denying disabled people entering adulthood the same opportunities that their older peers enjoy. Thirdly, the Government say that they intend to reduce the disability living allowance budget by 20 per cent, representing a cut of £2.17 billion for working-age adults.

These policy decisions do not just turn back the clock on independent living; I think that they could take us back to the 1970s or even the 1960s, when basic needs, such as living safely in one’s home, eating and drinking, and using the toilet when you needed to, let alone when you wanted to, were not properly met. I should like to give noble Lords one very clear example.

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