UN International Day of Persons with Disabilities

Margaret Ferrier Excerpts

Thursday 24th November 2022 Commons Chamber

[Marsha De Cordova (Battersea) (Lab)]

I beg to move,

That this House has considered UN International Day of Persons with Disabilities.

I am pleased to say that the broadcast of this debate is also available in British Sign Language, which is a first. I thank the Backbench Business Committee for granting this important debate, and my right hon. Friend the Member for East Ham (Sir Stephen Timms), the right hon. Member for Romsey and Southampton North (Caroline Nokes) and the hon. Member for Strangford (Jim Shannon) for their support as co-sponsors of it.

The UN International Day of Persons with Disabilities falls on 3 December, during Disability History Month. I use the term “disabled people” as opposed to “persons with disabilities” because I am a firm advocate of the social model of disability; it is the disabling barriers in society that limit opportunities and prevent full and equal participation.

[Margaret Ferrier (Rutherglen and Hamilton West) (Ind)]

I congratulate the hon. Lady on securing the debate. The public sector equality duty requires public authorities to consider the impact of their policies on people with protected characteristics, such as disabilities, at the policy development stage. Does she share the concern that this could be used merely as a box-ticking exercise and that Ministers should look at ways of making these considerations more naturally ingrained in processes?

[Marsha De Cordova]

The hon. Lady is absolutely right. These exercises should never be seen as just ticking a box; they should have meaningful value.

The day is an opportunity to celebrate the advancements and achievements of disabled people. For example, the purple pound shows the contributions we make to our society. For decades, there have been many moments of celebration for many of the achievements we have made. In just the last year, we saw Rose Ayling-Ellis winning “Strictly” and the annual “Disability Power 100” list featuring many people across different sectors. Just yesterday, we had the first disabled person to join the European Space Agency’s astronaut program.

The day also presents an opportunity to highlight the many barriers that still exist in society and to redouble our efforts to protect and promote the human and civil rights of disabled people. It was the last Labour Government who signed up to the UN convention that aims to eliminate discrimination, to enable disabled people to live independently and to protect against all forms of violence, abuse and exploitation. Sadly, 13 years later, the convention is yet to be fully incorporated into UK law.

Some 669 people contributed to this debate by sharing their experiences, which demonstrates just how important it is. I thank each and every one of them, and acknowledge their moving, thoughtful and detailed contributions, which have helped me to prepare for today. It is important to recognise that for many respondents, 60% of whom are disabled, completing a survey like this may have taken a lot of time and effort, not to mention emotional energy. I also thank deaf and disabled people across the country, people such as Ellen Clifford, as well as the Disabled People’s Organisations forum and charities including Disability Rights UK, Scope and the Royal National Institute of Blind People, along with the many others who have provided invaluable input.

There are 14 million disabled people in the UK and a further 6 million carers. They are represented by Members across the House. An accessible, inclusive and equitable society is what we all are striving for. However, discrimination, social barriers and Government policies have significantly limited disabled people’s ability to participate fully and independently. I will briefly outline just some of those areas.

To begin with, we have the disability employment gap, which has remained stubbornly around the 30% mark for more than a decade. TUC research also shows that the disability pay gap is over 70% and gender exacerbates it. It is clear that societal barriers preventing many from accessing good-quality work still exist. We all agree that everyone deserves to live in safe, decent, warm and affordable housing, yet only 9% of housing stock is accessible and disabled people are significantly more likely to live in unsafe accommodation. That is why I have been calling on the Government to implement the recommendation from the Grenfell inquiry that would mandate landlords to prepare personal emergency evacuation plans, or PEEPs, for disabled people living in high-rise blocks.

Too often, disabled people continue to face barriers when travelling, whether because of floating bus stops, cuts to bus services, inaccessible rail stations or the closure of many ticket offices. Those barriers continue to hamper the ability of disabled people to travel independently.

The pandemic shone a light on the stark health inequalities and barriers. Nearly 60% of covid deaths were of disabled people or those with a long-term health condition. There was also the horrific blanket application of “do not attempt resuscitation” notices during the early part of the pandemic. In last week’s autumn statement, the Government decided to shelve their social care reforms and delay the introduction of the social care cap. A third of working-age disabled people rely on that social care cap, and many of them are in social care charge debt.

Disabled people have been disproportionately affected by Government cuts, and there is mounting evidence that real-terms reductions in health and social care spending since 2010 may have led to thousands of excess deaths among disabled people. The Disability Benefits Consortium found that disabled people were more adversely affected by cuts to social security as a result of the conditionality regime. There is also the unfit-for-purpose assessment framework. The Government spent over £120 million fighting personal independence payment and employment and support allowance appeals between 2017 and 2019, but 70% of PIP and 57% of ESA tribunals resulted in successful outcomes, which demonstrates that there is something wrong with the framework and with decision making.

Just recently, the Information Commissioner ruled that the Department for Work and Pensions unlawfully breached the Freedom of Information Act by preventing the release of internal process review reports into the deaths of at least 20 social security benefit claimants. I hope that when the Minister responds, he will shed light on when the Government will publish the report. It is clear that the Government do not want to publish it, as it shows the negative impact that some of their policies have had on people claiming social security. We all must remember the premise of social security: it is there as a safety net, to support those in need. Four million disabled people are living in poverty, and the current economic emergency will only worsen these inequalities, as some face extra costs of around £600 a month.

Many Members know of my experience and that, before coming to this place, I worked in the disability rights movement. I can safely say that the last 12 to 13 years of the hostile environment and cuts have resulted in an assault on disabled people’s civil and human rights, which has had a devastating impact. This is evidenced by the UK becoming the first nation state to face an investigation under the convention for its violations of disabled people’s human rights. The Government’s national disability strategy published last year was also ruled unlawful. Many of us did not believe that it was credible in the first place. This speaks to the wider issue that the Government must take heed of the mantra, “Nothing about us without us” and commit to co-producing and co-creating policies with deaf and disabled people.

I hope that the Minister will address some of the points I have raised but also some of the following points. First, why have the Government not committed to full incorporation of the convention? It has been 13 years. Hate crime against disabled people rose by 43% in the year ending March 2022, so why do the Government refuse to follow the Law Commission’s recommendation and Labour’s policy to make sure that disability is classed as an aggravated offence, which would ensure that everybody is treated equally under the law? If they are serious about getting people into work, why will they not commit to mandatory disability pay gap reporting, as the Labour party has?

The Access to Work scheme has the potential to be one of the best forms of employment support. I have been a recipient of it in the past, as have many others, but I believe it could be enhanced by removing the support cap and creating a more streamlined process that also includes portable passports. Will the Government commit to doing that?

I turn to the Disability Confident scheme—or, as I sometimes choose to call it, the “not so confident” scheme. We need to have confidence in this scheme. Currently, it does not make it mandatory for anyone found to be a Disability Confident employer to actually employ any disabled people. Will the Government commit to introducing independent evaluation, monitoring and quality controls, so that the scheme can be given the credibility it needs for people to want to be part of it?

In this economic crisis, with inflation at a 40-year high, the additional £150 disability cost of living payment announced in the statement last week is clearly not enough. We need to understand what additional targeted support will be available to people. With winter fast approaching, when will these cost of living payments actually be made? Will the Government consider reversing the eligibility criteria for the warm home discount scheme, which saw over 300,000 disabled people moved out of the scheme as they no longer qualify?

I want to end by remembering two former colleagues and friends who passed away recently. The first is the fearless Seán McGovern, who was a staunch disability rights campaigner and a strong trade union champion for disabled people’s rights. He was a mentor to me, and it was him who encouraged me to put myself forward for public office. But for his continued encouragement and support, I might not have been here today. I also pay tribute to the late Roger Lewis, who passed away just this week from bowel cancer. He was a strong supporter, and he changed and touched the lives of so many disabled people, so many deaf people, and so many blind and partially-sighted people. He was totally blind, but that never stopped him being a champion and an advocate for the rights of disabled people. Our movement is poorer without them.

As we go forward to mark the UN international day of disabled people, let us also remember the amazing achievements that so many of us continue to make, while also recognising the many challenges and barriers that we must overcome to create the fully inclusive, accessible and equitable society of which we all strive to be a part.

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[Jim Shannon]

The hon. Lady is most kind, and I hope that was the case.

I am pleased to be here to speak. I am also a vice-chair—in this place, I chair many APPGs and I am vice-chair of numerous others—of the APPG on disability. So it is always great to be here to promote the rights and wellbeing of those with disabilities and their contribution to all aspects of our society—educationally, socially, culturally and politically. As my party’s health spokesperson, I will always stand up for those with disabilities, because I want to see a society—I think the Minister would want to see such a society as well; I think we all do in this House, to be fair—that recognises achievement and ability, and does not look down upon somebody who just happens to have a disability, which I find disappointing for some of the people we meet in life, and we do meet them regularly.

It is always good to see the shadow Minister, the hon. Member for Oxford East (Anneliese Dodds), in her place—I know she is a lady of great experience and capability, so we look forward to her contribution—and also the spokesperson for the Scots nats party, the hon. Member for Motherwell and Wishaw (Marion Fellows), who is always here whenever we have such debates. I welcome the Minister to his place and I look forward to the answers that we seek today. I think that these are open door requests—I really believe that—and that it is hard to say no to the requests that we are making on behalf of those who are disabled, so we look forward to the Minister’s contribution.

The latest estimates from the family resources survey indicate that 14.6 million people in the UK had a disability in the 2020-21 financial year. That represents some 22% of the total population, and one in five—one in five —of the population in Northern Ireland. So it is important to remember the range of disabilities and impairments that people suffer with. Some are not visible—for instance, autism or bipolar disorder. I am not smarter than anybody else, but I understand these things because of my direct contact with my constituents. A large proportion of constituents come to see us about disability issues. Some are not noticeable—for instance, fibromyalgia. We cannot see that in the hands when constituents come in and present themselves, but they can tell us about it and about just how bad that is for many of them. It features in almost every one of the applications for personal independence payments that I do in my office. Again, I am not an expert—far from it—but I do understand. Regardless of that, we have continued to ask for respect for how someone’s disability impacts their daily life. I want disabled people to be recognised for their ability and achievement, not for their disability.

One of my staff members deals specifically with benefit queries in my office, whether that be disability living allowance, children’s DLA, PIP, income support or ESA—the most prominent forms of benefit claimed. We never truly know how different disabilities can affect one’s mobility and getting around. My staff member does that five days a week and does nothing else but benefits. That gives an idea of the magnitude of the issue. As a physically active Member of Parliament, I fill in the application forms as well. That gives us an understanding of the benefit and how to deal with it. It gives me an understanding of how life at present is so different.

The RNIB, which the hon. Member for Battersea referred to, is important. It has referred to the energy price and food price increases. While we who are able-bodied in this Chamber are able to budget and cut the cloth accordingly, many people who are disabled do not have that ability. I will ask this later again, but what can be done to help people who have disabilities in particular when it comes to dealing with those things?

The hon. Lady and the right hon. Member for East Ham referred to tribunal success. In our office, we have a 75% to 80% success rate in the benefit tribunals that we do on all those different benefits. I say this gently, because I understand that people make decisions based on what they have on paper in front of them: sometimes, when you have a face-to-face with a person at a tribunal, you can see things differently. Sometimes the tribunal sees things differently and it also provides a chance to bring forward the medical evidential base to back up the case. Perhaps these things could be done in the process as we go forward. None the less, it is a pleasure to represent people on the things that they need us to do.

On 24 September, the Minister for Communities in Northern Ireland announced that work would begin on a new social inclusion strategy, including a disability strategy that aims to promote positive attitudes towards disabled people and ensure their inclusion in society. I welcome that. It is good to do that. We should be focused on how we can do it better and that we see not the disability but the person and their potential to achieve and do well. That is what I want and what I hope to see. At the end of the day—I say this with respect—those people are human beings, just like everyone else.

The RNIB has been in contact with my office—it has also been in contact with the hon. Member for Battersea and others in the Chamber—and made it clear that the cost of living crisis is becoming increasingly difficult for people with disabilities. It said that more than two thirds of people with disabilities said that their financial situation had gotten worse, and more than a third often go without essentials, such as food and heating, and struggle to make ends meet. I hope the Minister will be able to answer this question: what can we do to assist people with disabilities when it comes to the energy crisis, food price increases and everything in life that seems to be getting more and more expensive? That is a big ask of the Minister.

[Margaret Ferrier]

The hon. Gentleman, as well as the hon. Member for Battersea (Marsha De Cordova), mentioned the RNIB and people with a disability with sight. A real concern that many constituents have raised with me is the confidence of some taxi drivers in turning away passengers with guide dogs. Of course, that is illegal, but they struggle to see the consequences of that as it continues to happen. Does he agree that Governments across the UK should be tackling that together and stopping it?

[Jim Shannon]

As often, whether it be in the House or in Westminster Hall, the hon. Lady gives us a salient reminder of the issue. Back home, even though it is illegal, as she said, it is still happening in certain parts. I do not understand the logic of it, because those guide dogs are among the best I have seen. Many years ago, the RNIB took me to Hollywood in Northern Ireland, gave me a guide dog and let me walk through the high street with a mask on. I could not see a thing; it was pure darkness. That was one of my better experiences in coming to understand how it is for some. I must say that I did not know the guide dog and it did not know me, but it stuck to my knee and negotiated the whole way down the high street. It is a busy high street with obstructions —people have coffee tables out—and we came to footpaths where I did not know what was going on, but the dog did. That is a fond memory, if I can say that, which has helped me to understand better what it means to be blind and the importance of that understanding.

I feel strongly about encouraging disabled people into education and employment. The most recent labour force survey showed that some 38.9% of people with a disability in Northern Ireland were employed in 2020, compared with 78.4% of people who were not disabled. Wow—that is a big factor to address. We need to squeeze the gap in opportunities for those with a disability and able to work to allow them to stand alongside those who are not disabled.

The hon. Member for Battersea referred to accommodation, which is another issue that regularly comes up in my office. Many times, we have people come in who are on benefits and have mobility issues. They might be in an upstairs flat or a house with stairs, which was okay when they were not disabled, but, as life has progressed, they have become disabled and that property is no longer suitable for them. That is a regular issue, as is people finding themselves in wheelchairs and needing a disabled facilities grant for their home, which in many cases may involve extensive changes to doorways, a ramp to the front of the house and perhaps one to the rear, and a walk-in shower and a bathroom all at a level. Perhaps we need to look at those things as well.

The rate of those with disabilities in employment has incrementally increased, which is a great sign that there is more public encouragement and awareness that people who are disabled are just as capable of doing jobs. Will the Minister outline what steps will be taken to encourage employers to employ those who are disabled? My requests will always be made in a constructive fashion—I mean that—because I look for the answers and the solutions. I know that that is what he wants as well. Many of the disabled people I meet have incredible intelligence and ability. I confess that I am no good at IT, but some of the people I meet are absolutely first-class; nay, with their IT skills they could do a job as well as others or a lot better. What can we do to increase their employment in a way that makes life better for them?

Another issue that needs to be addressed is the disability pay gap. Both previous speakers referred to it. It seems that, for those who are disabled—I say this gently—their time in employment is worth less than anyone else’s. It should not be, so what are we doing to address that? Employers sometimes need to understand that they should look not at the person but at their ability and power to achieve. In 2020, the disability employment gap in Northern Ireland was 42.2 percentage points, compared with 27.9 percentage points in the rest of the UK. That is not the Minister’s direct responsibility, but has he had any opportunity for discussions with his equivalent Minister in Northern Ireland? I know that he will do that. It is always good to share stories and experiences, because sometimes we can learn from things—I always do—and our Ministers can learn from where they have fallen short while things here are better. How can we share those experiences to make things better?

In addition, some disabilities are not recognised as such in the benefit system. For example, endometriosis and asthma have only recently been recognised as disabilities in PIP assessments despite being long or lifetime conditions that disable somebody from everyday tasks. We often have those issues.

There must be a proper consensus in the Department on what a disability is.

Myalgic encephalomyelitis and multiple sclerosis were first brought to my attention many years ago. In those days, doctors often did not quite understand what ME or MS were. I could see clearly from the person and the medical evidence from a consultant that there was a disability, but unfortunately—it is not a criticism; it is about how we move on and learn things—GPs sometimes did not have that understanding. Today, however, MS and ME, whose symptoms include incredible fatigue and pain, are recognised as disabilities.

Not every person who has a disability can work, but at the same time they are not always entitled to benefits. I believe the best way to encourage disabled people into work is to take away stigma, as many disabled people are forced to challenge stereotypes and prejudice when they are looking for work. In the autumn statement, I genuinely welcomed, because it is a positive step, the help for those on benefits trying to get back into work. Many people want to work, and they should be encouraged and helped along that pathway, as long as they are able and can do it, so that was one of the good things that came out of the autumn statement.

Disability inclusion is an essential condition to upholding human rights, sustainable development, and peace and security. People with disabilities are no different from us—I have said it before and I will say it again—and the United Nations disability inclusion strategy, which is part of this debate, provides the foundation for sustainable and transformative progress on disability inclusion through all pillars of the work of the United Nations. We all must work on disability inclusion within our own constituencies, in Strangford and across this great United Kingdom of Great Britain and Northern Ireland, in employment, education and society to promote the inclusion of all, and equality and fairness in our modern society. Would it not be wonderful—I always seek wonderful things, and it is not wrong to do so—if disabled people across society could have that as a key part of their employment, education, housing, health and benefits? That is the purpose of today’s debate.

I commend the hon. Member for Battersea and the right hon. Member for East Ham for their contributions. I look forward to others’ contributions, especially the Minister’s. We have set you a long list of asks, Minister. We look forward to the answers.

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[The Minister for Disabled People, Health and Work (Tom Pursglove)]

I am pleased to join colleagues in speaking in this debate to celebrate the UN International Day of Persons with Disabilities. I pay tribute to and thank the Members who secured this debate, particularly the hon. Member for Battersea (Marsha De Cordova), who opened the debate eloquently; the hon. Member for Strangford (Jim Shannon), who highlighted eloquently and superbly the enormous contribution made by disabled people across our society in many forms; and, of course, the Chair of the Select Committee, the right hon. Member for East Ham (Sir Stephen Timms). I believe I have had cause to vote for him previously to become Chairman and I reflect upon the fact that I may well come to regret that vote; he is an assiduous Chairman and I look forward to engaging constructively with him and colleagues in the work the Select Committee does in scrutinising our work as Ministers in the Department for Work and Pensions.

We have heard a number of moving and inspiring contributions reflecting the diversity of disabled people’s lived experience. That is noteworthy, as we talk today about John McFall and his remarkable achievement. I know all of us across this House want to commend him for that and send him our very best wishes—it is hugely exciting.

The theme for this year’s International Day of Persons with Disabilities is: “Transformative solutions for inclusive development: the role of innovation in fuelling an accessible and equitable world”. It is a timely and important theme, and we aim to step up our efforts to build back better and fairer, for a society that is inclusive and accessible to all. I am going to talk about our global leadership on disability inclusion and give some examples of the work we are doing domestically on this year’s theme.

[Margaret Ferrier]

I welcome the Minister to his place. Although I am grateful that the Government supported private Members’ Bills in the last Session, such as the British Sign Language Bill and the Down Syndrome Bill, which gained Royal Assent, may I ask the Minister to look at providing some priority time within the Government’s legislative programme, rather than relying on private Members’ Bills, because measures such as those are so important for people with disabilities?

[Tom Pursglove]

I am grateful to the hon. Lady for raising that point, which will speak somewhat to the points I will go on to make later. I hope they will give her some confidence on this.

We are working towards equality on the global stage, through both the example we set here in the UK and our international co-operation. The UK has long provided global leadership on disability inclusion. The UK Government ratified the UN convention on the rights of persons with disabilities and its optional protocol in 2009. We remain fully committed to implementing this convention, through strong legislation, and programmes and policies that tackle the barriers faced by disabled people, in order to realise their full participation and inclusion in society. Along with Kenya, we started the Global Disability Summit movement in 2018 and we have continued to support it, providing funding to the secretariat and advising the Governments of Norway and Ghana ahead of the second summit, which took place in February this year.

Most recently, the former Minister of State with responsibility for disabled people, my right hon. Friend the Member for Norwich North (Chloe Smith), attended the 15th session of the conference of states parties to the convention on the rights of persons with disabilities in June 2022. She participated in bilateral meetings and wider debates, and met global counterparts with the aim of strengthening the international political commitment for the rights of disabled people. I would like to place on record my thanks to her for all her work, particularly in this week when she has announced that she will not be standing for re-election to this House. She has been a trailblazer for disabled people, leading that work in government. I am proud of the huge contribution she has made, which provides strong foundations upon which I, along with the Secretary of State, will be building.

The UK continues to support disabled people living in lower and middle-income countries through our flagship disability-inclusive programmes. We are also providing support to disabled people in Ukraine.