Equality Act 2010: The Impact on Disabled People: Follow-Up Report (Liaison Committee Report)

Baroness Thomas of Winchester Excerpts

Tuesday 21st June 2022 Grand Committee

[Baroness Thomas of Winchester (LD) [V]]

My Lords, I welcome the chance afforded us by the Liaison Committee taking the Equality Act 2010 and Disability Committee report of 2016 out of the long grass and producing its report, published last July. I was a member of the Equality Act 2010 and Disability Committee and I endorse all the comments of our admirable chair, the noble Baroness, Lady Deech.

It really is quite shocking that so little has improved for disabled people since our report, which was careful not to advocate remedies that would involve large spending commitments. It is telling that the Liaison Committee reserved its most damning criticism for the Government dragging their feet on bringing into force Section 36 of and Schedule 4 to the Equality Act 2010, which include provisions on reasonable adjustments to the common parts of buildings such as blocks of flats. If those components of the Act had been brought into force, those responsible for the common parts of buildings, such as a landlord in a leaseholder block of flats, would, after consultation, have to agree to reasonable adjustments, the cost of which could be entirely met by the disabled person.

A good example, which is worth quoting, is given in the report:

“An elderly leaseholder has a flat on the second and third floor. There is absolutely no reason why she cannot live independently, save that she has mobility issues. She wants to install a stair lift … She asks the freeholder for permission. The freeholder says no. She offers to pay the installation costs and all the running costs herself”.


The freeholder, quite legally, still says no.

The Government have announced their intention to bring this section of the Equality Act into force. Indeed, in the National Disability Strategy, published nearly a year ago and foreshadowed in the Liaison Committee’s report, they say:

“We will take immediate steps to … extend disabled tenants’ rights on accessibility”.


Now, we are told, it will happen in due course, with no timescale given. The Liaison Committee is not impressed. It says:

“The Committee finds it objectionable that parts of the Equality Act, now over 10 years old, are still not in force. It is an affront to Parliament that its will expressed in legislation has been ignored or set aside by the executive.”


The Government’s response points to the consultation, saying that any change has “significant implementation issues”. Yes, I am sure it does, but a way must be found to improve the housing stock for all disabled people as a matter of urgency. After all, we are told in the National Disability Strategy that nearly half of all disabled respondents had difficulty getting in and out of where they live. I do not know whether yesterday’s Statement on private rented housing will address this point.

I remind the Government that there are 14 million disabled people in the country and that this figure will increase in future years, so more accessible housing is crucial. If levelling up means anything, surely it should mean using the power of the law to make sure that disabled people do not lose out in basic ways such as being able to live, travel and enjoy leisure activities that are accessible. Will the National Disability Strategy make a difference? It is full of commitments to this and that to try to improve the lives of disabled people, but without concrete proposals with timescales, and updates on progress, it is difficult to get excited.

What is needed is someone with a driving ambition to find solutions to some problems that have been left unresolved for far too long. That person should first ask disabled people themselves what should be done.

Queen’s Speech

Baroness Thomas of Winchester Excerpts

Tuesday 17th May 2022 Lords Chamber

[Baroness Thomas of Winchester (LD) [V]]

My Lords, I declare that I receive disability living allowance. I shall make just one point, but it is an important one for disabled people and must be looked at in the light of the cost-of-living crisis. It is the unacceptable delay in the waiting time for PIP—the personal independence payment—which helps people with long-term conditions manage their day-to-day living costs and get around. The delay I am talking about in the whole application process is now about six months and is particularly tough with the cost of living rising so fast.

PIP is a most welcome benefit as it is not means-tested and not taxed. It is an in-work as well as out-of-work benefit. Put simply, it helps to enable thousands of disabled people to keep going. To apply for PIP, either by phone or online, an extensive form must be filled in. An assessment is then undertaken by one of the DWP’s outsourced companies, usually either face to face or by phone. A DWP decision-maker then reviews the claim and either awards the benefit for a certain time or turns it down. At the height of the pandemic, there were understandable delays in this whole process, but it is not acceptable that the delays seem to be getting worse rather than better.

Making an assessment is not always straightforward, and this is especially true for those with fluctuating conditions, who must be affected more than 50% of the time to qualify for the benefit. At this point, I welcome the new Bill, which extends the right of those at the end of life to apply for disability benefits in a fast-track procedure. But for those who have a progressive long-term condition, such as a muscle-wasting disease, this is not a fluctuating condition but one that will progressively get worse. However, even those with progressive conditions are having to wait a very long time to receive an award.

Being disabled is very expensive. As well as perhaps needing extra heating or special food, many disabled people have appliances such as a hoist, an electric bed, a stairlift or a through-floor lift, all of which need power. As for help getting around, a Motability vehicle would be available if a claimant received the enhanced rate mobility element of PIP. Yet thousands of PIP claimants are waiting six months for a decision and cannot lease a Motability vehicle until the award is given.

I urge the Government to take immediate action to address the delays in the system. Why is it getting worse? Has the DWP recruited enough staff to deal with PIP assessments? Are there any plans to deploy DWP staff instead of using outsourced companies? We know that the population is getting older, so more people are likely to need disability benefits in the future. But we need to be sure that the whole process is working properly, which it clearly is not at the moment. I look forward to the Minister’s reply or a letter if that is more appropriate.

British Sign Language Bill

Baroness Thomas of Winchester Excerpts

2nd reading
Friday 25th March 2022 Lords Chamber

[Baroness Thomas of Winchester (LD) [V]]

My Lords, I warmly welcome this Bill and pay tribute to all those people who have made it possible, particularly my old friend David Buxton, chair of the British Deaf Association, and of course the noble Lord, Lord Holmes of Richmond.

Some years ago, I met a man who happened to be in charge of the Access to Work programme at the DWP, and I managed to persuade him to fund BSL interpreters for the surgeries of councillors with hearing loss, one of whom was David Buxton. I do not know whether there are now any councillors who fall into this category. Perhaps the Minister can tell us, and whether the scheme is ongoing.

I now hand over to my noble friend Lord Bruce, to whom I am very grateful for his help.

At this point, Lord Bruce of Bennachie continued the speech for Baroness Thomas of Winchester.

At first glance, this is a very modest Bill, but it is of enormous significance because, as we have heard, it gives legal status to British Sign Language at long last. In time, it will be unacceptable for the courts to be the only public service to offer BSL. It is also timely because, for the last two years, people with hearing impairments have not been able to lip-read, with so many people in masks. I can imagine that this will have taken its toll on their mental well-being, with many being very hesitant about going out and about.

It must be stressed that BSL is not everyday English put into sign language; it is a language in its own right, with its own grammar and syntax. It is of fundamental importance that there are far more properly trained interpreters who can fulfil the promise that the Bill affords. It is particularly important for there to be enough interpreters to work in the health service so that the children of parents with hearing loss are not put into the invidious position of having to be the go-between at consultations, especially when sensitive matters are being discussed. I know that the Department for Education is considering a GCSE in BSL—could the Minister say how far advanced those plans are?

At this point, Baroness Thomas of Winchester resumed.

My final point is to ask the Minister how we should scrutinise this legislation in the months ahead. Will the guidance that the DWP will issue to all departments be made public? When will the Cabinet Office’s report on the promotion of BSL be published? Finally, how will jobseekers with hearing impairments be able to access the services of BSL interpreters? The Bill is very welcome, if long overdue, and we all wish it well.