Brexit: Human Rights

Baroness Campbell of Surbiton Excerpts

Tuesday 12th December 2017 Lords Chamber

[Baroness Campbell of Surbiton (CB)]

My Lords, human rights are really about how we treat one another as human beings. They are about fairness and respect for all. Such principles must therefore be uppermost in our minds as we negotiate our departure from the EU. I am truly grateful to the noble Lord, Lord Cashman, for this debate tonight.

I worry for the future of the one in five UK citizens who are disabled. Arguably, they have benefited from the best equality and human rights legislation in the world. The UK has both influenced and been influenced by EU law on disability rights. Under EU law, international treaties have a stronger impact than they do under UK law. For instance, EU law must be interpreted consistently with the Convention on the Rights of Disabled People. This has provided a significant baseline for progressing disability rights in the UK. The Government must ensure that there is no regression, so that disabled people continue to benefit from the convention and see progress in the UK.

One of my major areas of concern is disabled people’s right to independent living, on which I have campaigned passionately for many years. The EU Charter of Fundamental Rights, which I appreciate is being hotly debated in the other place, is particularly relevant to this. Article 26 on the integration of persons with disabilities helps to give effect to their independence and participation in the community, but it is not expressly addressed by the European Convention on Human Rights or the Human Rights Act. How will this protection be continued if the charter is not retained in UK law?

Our success in advancing independent living has also been helped by the European structural funds. Billions of EU money has stimulated a significant shift from institutional to independent living across Europe. What are the Government’s plans if we are no longer going to be part of the fund? Where will we obtain such funds to progress independent living in this country when that comes to an end?

Another vital issue concerning disabled people is the possible effect of new immigration rules on EU employees. Many of us require personal assistants or carers to live independently and to be included in the community. This workforce enables people like myself the freedom to enjoy a private family life, to work, to be here debating in the House tonight, to socialise and to actively participate as equal citizens. Thousands of us employ between two and six EU nationals. I urge the Government to carry out a rigorous equality impact assessment of disabled people’s rights to live independently and ensure that the impact of Brexit on this vital workforce is central to debates on freedom of movement between Europe and the UK.

If human rights are realised for disabled people, they are secured for all of us and will strengthen the fabric of our society.

Assisted Dying: Legislation

Baroness Campbell of Surbiton Excerpts

Monday 16th January 2017 Lords Chamber

[Lord Keen of Elie]

Again, I can understand the noble Lord’s interest and concern in respect of this matter but I would observe that Parliament has twice addressed this issue in the recent past and has determined not to relax the provisions of Section 2 of the Suicide Act.

[Baroness Campbell of Surbiton (CB)]

My Lords, is the Minister aware that the campaign to legalise assisted suicide or assisted dying is not supported by one single organisation for people with progressive conditions, including the motor neurone disease organisation and the MS Trust, the very people who would be the main beneficiaries of assisted dying, and that growing numbers of disabled people and their organisations are campaigning against such a Bill because they feel that it is desperately unsafe?

[Lord Keen of Elie]

I entirely understand the noble Baroness’s observations in this context. The whole question of risk associated with such legislation was addressed by the Supreme Court when it opined in 2014 in the case of Nicklinson and Lamb. The President of the Supreme Court and Lord Sumption both observed that the data on risk were plainly way short of establishing that there was no risk in such legislation. Lord Sumption went on to observe that there were further societies engaged in this area which had clear reservations about the development of any legislation on this matter.