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.