Brexit: Disabled People

Lord McKenzie of Luton Excerpts

Thursday 2nd February 2017 Lords Chamber

[Lord McKenzie of Luton (Lab)]

My Lords, we should thank the noble Baroness, Lady Scott of Needham Market, for initiating this debate. While the referendum campaign provoked some discussion around the significance for disabled people of remaining in or leaving the EU, these matters were not centre stage in our national debate. There was neither a specific reference to what Brexit may mean for some 10 million-plus disabled people in the January pronouncement of the Prime Minister nor a single word in the White Paper that has been issued today.

We are in the impossible position of being asked to start the process of exiting the EU without any clear idea of where it will end—except that the Government have given up on membership of the single market and the customs union. History will reflect with incredulity on how we got into such a mess. There is real concern that the future for the UK outside the single market will make us poorer as a country than we would have been over the long term. The OBR has made the judgment that any likely Brexit outcome will lead to lower trade flows, investment, net inward migration and potential output. All this has adverse implications for the public finances and our social security system, already battered by austerity.

I agree with the noble Baroness, Lady Scott, that we should be grateful to the Papworth Trust for its briefing on the key issues affecting disabled people and the EU. We should acknowledge the importance of the EU to date in bringing down the barriers faced by disabled people—for example, in improving access to public buildings and transport, and supporting employment programmes. Indeed, 19% of ESF grants are spent on projects that directly support disabled people. This is not to deny the role of the UK in leading the way on disabilities legislation but to recognise that the EU directives and the treaties that we have signed underpin discrimination laws.

Once outside the EU, the UK will lose the underpinning of EU equalities legislation and the oversight by the European Court of Justice. Can the Government at least confirm their intention on membership of the Council of Europe and the European Court of Human Rights? Commitments to enshrine all existing EU legislation into domestic law, the so-called great repeal Bill, are welcome but this does not mean that these rights will be sustained over time. Moreover, being outside the EU means that the UK could be left behind on future developments, such as the planned EU-wide European Accessibility Act. Would the Government support embedding the UN Convention on the Rights of Persons with Disabilities, which we ratified, into domestic law?

We know that disabled people are heavily reliant on the NHS and social care services, and we know that these services are heavily dependent on migration from the EU. We also know that there are horrendous recruitment problems in the sector. Restrictions on free movement will only exacerbate these. It is imperative, therefore, that the status of EU nationals working in the UK is clarified as a matter of urgency, to help retention. There is also a need for a clear strategy for the future.

We should not overlook the capacity issues in all of this—for the Executive, Parliament and the Civil Service—specifically in relation to plans for EU legislation that is currently directly applicable but which has to be converted into UK law. The House of Commons Library note suggests there could be some 5,000 pieces of legislation. I ask the Minister to provide us—in due course but, I hope, as soon as possible—with a list of all those which touch on matters relevant to disabled people. When ministerial red boxes are being stuffed full of Brexit matters, who will focus on delivering the halving of the disability employment gap?