City Centre Security Measures and Access for Disabled People

Debate between Jonathan Lord and Rachael Maskell

Tuesday 25th April 2023 Commons Chamber

[Rachael Maskell]

I am grateful to my hon. Friend for her comments. Inclusion is about the co-production of outcomes. Chester is able, but the Liberal Democrat York administration has failed to commit to measures and is therefore barring disabled people from being able to access their city.

Turning to the law, I am grateful to the world-leading Centre for Applied Human Rights at the University of York, which produced an outstanding report, and to the Reverse the Ban campaign to provide access to disabled people. The UN convention on the rights of persons with disabilities, a human rights treaty, binds national and local jurisdictions, stating:

“Disabled people must never be treated less favourably than others, excluded from or denied access to services, education, work or social life on the basis of their disability.”

and must have access

“on an equal basis to non-disabled people”.

Further, it states that

“Disabled people’s full and effective participation and inclusion in society must be supported”.

With the combination of the Equality Act 2010 and the Human Rights Act 1998, the rights of disabled people cannot be dismissed. Disabled people, under articles 8 and 14 of the Human Rights Act, have a right to participate in essential economic, social, cultural and leisure activities. Any limitations for security must be proportionate and inclusive. The Equality Act 2010 is even more relevant as it places a duty on public authorities to make reasonable adjustments for disabled people to exercise their rights and to

“advance equality of opportunity between persons who share a relevant protected characteristic, and those who do not.”

Case law clarifies that public authorities must have due regard for the impact on elderly and disabled people when imposing parking restrictions. York fails that test. There were two equality impact assessments. The first, in June 2020, said that there was no infringement on human rights, yet it recognised that blue badge holders would be barred from the city. In November 2020 there was recognition of the breach, but no mitigation and no compelling reason for justification.

Removing the ability to drive and park in the streets will increase the distance that people with reduced mobility have to travel. They will be locked out of their city. Above all, under the convention on the rights of persons with disabilities, the Government must ensure that the built environment is usable by disabled people on an equal basis to others. I recognise that that is difficult, but rather than the authorities making mistakes akin to York’s, the Government must intervene and assist.

First, funding is key to making places accessible. Infrastructure is not cheap, and project costs invariably spiral. We need Government funding and backing to support local authorities at risk. Secondly, security risks change, so continuous support must be available. A central unit of expertise that works with local partners with a strong understanding of security and the impact on human rights is essential. York needs an integrated security audit and plan, and the Government should assist it.

Thirdly, disabled people must be involved in the design of any consultation and subsequent mitigation measures. City of York Council ran three consultations, including one focused on disabled people and representative groups. In addition to wider infrastructure enhancements, public transport and information, it recognised the rights of disabled people. York then ignored them. Fourthly, there is a clear need for co-production of hostile vehicle mitigation measures, ensuring that safety and human rights obligations are met. Solving conflicts together produces stronger outcomes.

I believe that York must stop digging in and start listening, like Chester. Here is my proposal. Blue badges are identified to a person, not a vehicle. At barrier entry points, they can be shown to security personnel or a camera. Additional security—a password, identification or a QR code—could act as secondary security. That is a tried and tested method when operating security zones. Visitors will have to pre-register, but that is not arduous. It is simple, safe and secure, and it protects the city and human rights. York’s plans will deny access to disabled people between 10:30 am and 5 pm. Many disabled people find mornings difficult, and by 5 pm the shops and amenities will be closed. It is simply shameful that blue badge holders are locked out. The council executives should hang their heads in disgrace.

A Labour Government would not tolerate that and would reverse the ban. The Minister needs to intervene urgently with his expertise to keep people safe and enable people to be dignified in their city. I want him to work with me, halt the engineering works that commenced yesterday at a cost of £3.5 million to local people, and provide oversight, as York’s safety and access is of national concern. Getting it right in York will set a blueprint for elsewhere. Labour has already forced the administration to appoint an access officer and set up an access forum, but due to the abysmal record of the authority on equalities, I argue that an equality scrutiny committee needs to be established, so that all the authority’s work is examined and non-discriminatory mitigation is put in place.

My sincere thanks go to the 27 organisations representing disabled people, older people and allied and related organisations campaigning to reverse the ban, and to Flick Williams, who is a tour de force when speaking on behalf of disabled people to secure their human rights. The embarrassment is that York became the UK’s first UNESCO human rights city in 2017. This year it holds the prestigious international chair for human rights cities. My well-researched proposal would remedy the council’s shaming of York. I ask the Minister to intervene and to join me not only to immediately reverse the ban but to strengthen security and access, so we can all live safely and with dignity.

[Mr Jonathan Lord (Woking) (Con)]

Does the hon. Lady agree that there is a chance at the ballot box? I believe that York has local elections. Would she encourage the residents of York to make their views on this matter known to the various candidates?

[Rachael Maskell]

I am grateful to the hon. Gentleman for his intervention and, of course, this is a big issue for our city. It is imperative that people seriously consider where they put their crosses on 4 May, as that provides an opportunity to reverse the ban. If the Lib Dem-Green council will not reverse the ban, clearly the people of York must speak.

I close with the words of Dame Judi Dench:

“York city centre is a rare jewel that should be free for all to enjoy, including those with a disability and for whom accessible parking is essential… I should like to offer my wholehearted support to people in the City of York”.

I ask the Minister to offer his support too.