UN International Day of Persons with Disabilities

Marion Fellows Excerpts

Thursday 24th November 2022 Commons Chamber

[Sir Stephen Timms]

My right hon. Friend is absolutely correct that this has quite a long history, but my sense is that it has got considerably worse in the last few years and the Department has stopped publishing things that obviously should be published and answering perfectly reasonable questions. As a result, it has badly damaged its reputation with disabled people. I hope that the new ministerial team will want to rebuild those links and rebuild trust.

My hon. Friend the Member for Battersea made some important points about the disability employment gap, which has increased in the last two quarters. Many disabled people would like to work but cannot. The pandemic has had a damaging impact, because since then, there has been a steep rise in the number of people who are out of work on health grounds. We urgently need to be able to support disabled people who would like to work into jobs, because that is one of the key ways to tackle the current labour shortage. We can take advantage of that big opportunity.

In July last year, the Select Committee published its report on the disability employment gap. Shortly before the 2015 general election, David Cameron announced a target to halve the disability employment gap, but the target was scrapped shortly after that general election. We want it reinstated. Our report called for a radical overhaul of employment support for disabled people. The big national Work and Health programme is helpful but it is not working for many people. The truth is that, as we can all recognise, smaller specialist providers are often best placed to deliver the help that is needed. People have to be on the ground locally to know who can do the best job; that kind of support cannot be commissioned from Whitehall.

We proposed that funding for this employment support should be devolved. Where the capacity exists, we want groups of local authorities, probably based on the new NHS integrated care system boundaries, to be responsible for commissioning and delivering employment support for disabled people. The Department should allocate funding, monitor performance and publish detailed comparative performance data, but it should not deliver the support, which should be closely integrated with the local health service, colleges and voluntary sector groups. In its response to our report, the Department did not reject that idea, but it has not moved in that direction at all since; I hope that it will.

My hon. Friend was right about Access to Work, which is vital to overcoming work-related obstacles resulting from disability. It is a lifeline for many, but it is not well enough known. Many employers do not know about it and it is dogged, as she said, by a bureaucratic and extraordinarily cumbersome application process that puts people off and leaves many in limbo. Once they have applied, they sometimes have to wait for quite a long time to find out what support they will receive. If somebody benefits from Access to Work in one job and then changes job, they have to go back to square one. There should be a passporting arrangement, as my hon. Friend argued. If they apply for a new job at the moment, their potential new employer cannot be certain what, if any, help Access to Work will provide.

The Minister’s predecessor told the Select Committee about a planned “digital transformation” for Access to Work, which I hope will address those obvious failings, and I hope the Department will involve disabled people themselves in the redesign of the Access to Work programme. I would be particularly grateful if the Minister, in winding up, could give us an update on the progress of that initiative.

[Marion Fellows (Motherwell and Wishaw) (SNP)]

The right hon. Member is making some powerful points. Does he agree that, where there is a cap on individual benefits through the Access to Work scheme, that stops some people getting everything they deserve, while money for that purpose is left lying in other pools?

[Sir Stephen Timms]

The hon. Lady is right and my hon. Friend the Member for Battersea made that point as well. I think that is unhelpful and should be removed.

We also called in our report for larger employers to be required to publish the proportion of their employees who are disabled, and my hon. Friend referred, rightly, to disability pay gap reporting. Like her, the Select Committee thinks it is high time for a rigorous evaluation of the well-intentioned Disability Confident scheme.

For our current inquiry, we conducted a survey of personal independence payment and employment and support allowance claimants. My hon. Friend referred to the experiences of some of those applicants. We are going to publish our report from that inquiry soon, but it was striking how many respondents to that survey said the assessments had damaged their mental health. In describing the assessments, many respondents said that they were humiliating, undignified or even, in some cases, traumatic. There is a serious PIP application backlog at the moment.

--- Later in debate ---

[Marion Fellows (Motherwell and Wishaw) (SNP)]

As ever, it is a pleasure to follow the hon. Member for Strangford (Jim Shannon) and I truly want to congratulate the hon. Member for Battersea (Marsha De Cordova) on securing this important debate. I listened with great interest to the contribution from the right hon. Member for East Ham (Sir Stephen Timms)—I was going to say West Ham, because I am thinking about football the moment. I hope he will forgive me.

The hon. Member for Strangford says I am always appearing in these debates. That is because I am the SNP spokesperson on disabilities, but since I took on that role I have really learned and learned to understand how important it is that we debate these subjects, so even if I cease to be the spokesperson I will still be here, because what we do with regard to people with disabilities, and talking about them, is really important.

It is a privilege to mark the UN International Day of Persons with Disabilities, which falls on 3 December, to promote the rights, dignity and wellbeing of people with disabilities across the globe. Disabled people are key members of society and they make a huge positive impact on the world we live in. That huge impact is embodied by the inspiring story of the former British Paralympian John McFall, who this week became the first disabled astronaut. Isn’t that amazing? I also note that it is Disability History Month, and there are a number of wonderful events taking place across Parliament. I will be speaking in one directly after this debate today, organised by ParliAble. I encourage my fellow parliamentarians to attend some of the events. The people here probably will, but I am sending the message further—furth of the Chamber, as we would say in Scotland—as we celebrate the history of those with disabilities.

In my role as spokesperson, I regularly meet disabled people and disability organisations and would like to pay tribute to those with disabilities and their carers who regularly offer inspiration to me personally. In line with the UN’s commitment to “leave no one behind” as part of its 2030 agenda for sustainable development, the UN has outlined that in moments of crisis it is vulnerable people, such as those with disabilities, who are most often left behind and excluded.

About 1 billion people in the world live with a disability, with 80% of them living in developing countries. There are higher levels of disability among women, the poor and the elderly. The significant cut to the UK Government aid budget has left a £4.6 billion black hole in the budget compared to 2019, resulting in a significant reduction in the number and size of programmes targeted at disabled people. Many disabled people in developing countries will be impacted. For example, in Rwanda 150,000 girls and 50,000 boys, including 8,000 adolescents with disabilities, are no longer able to take part in an education and life skills programme.

The covid-19 pandemic, as we have heard, deepened already pre-existing inequalities in society, and the latest rise in inflation has disproportionately hurt the most vulnerable. That feeling of being left behind is something I have heard from many of the organisations I have met recently, as many disabled people feel left behind by the current Government in response to the ongoing cost of living crisis. The Government’s inadequately targeted measures have done very little to address the concerns of disabled people and their families, who have much higher energy needs. Simply putting on another jumper or taking measures to limit the use of gas and electricity are not feasible possibilities for those living with disabilities. Staying warm is essential for many disabled people, and many risk worsening their condition if they cut corners by not putting the heating on. Likewise, many disabled people cannot cut corners with electricity as they need to charge or power essential life-saving equipment such as ventilators and wheelchairs.

Recently, at a Muscular Dystrophy UK drop-in event in Parliament, I was shown a stark graphic that reinforced that point. A mother of a child with muscular dystrophy showed a picture of the six plugs needed to charge her child’s life-saving equipment at any given time. For disabled people and their families, the choices between charging, heating and eating are impossible. The position this Government are putting the parents of disabled children in is totally unacceptable and devoid of empathy. Those parents are certainly not reaping the rewards of the so-called compassionate conservatism we hear so much about in the Chamber. One example is the recent case of Carolynne and Freya Hunter, which demonstrates the inadequacy of the Government’s targeted support. Carolynne, the mother of Freya, was facing an energy bill of £17,000 to keep Freya’s life-saving equipment running. Fortunately, the actress Kate Winslet most kindly stepped in to cover their bills, but it is unacceptable that society’s most vulnerable in the United Kingdom have to rely on philanthropy and the charitable nature of others to live with dignity.

The UK’s reliance on charity, rather than Government policy, to ensure vulnerable people can survive this current crisis is also demonstrated by the increased use of food banks.The Trussell Trust has released research showing that disabled people are hugely over-represented in food poverty demographics, with 60% of food bank users having a disability. Poverty and disability are often mutually reinforcing and almost half of all disabled people are planning not to turn their heating on, despite the reasons I have given for doing so.

[John McDonnell]

The hon. Lady mentioned an aspect of this. If a family includes a person with a disability, that is a key factor in ensuring that the whole family lives in poverty. I chair a group of unpaid carers and the key issue is the lack of support for unpaid carers and the low level of carer support allowance for them.

[Marion Fellows]

I totally agree and thank the right hon. Gentleman for his intervention. I am hugely impressed and inspired by unpaid carers, many of whom save this country an absolute fortune and get no thanks for their work. I take this opportunity, on behalf of everyone here, to thank them for what they do.

According to Scope, millions of disabled people will be cold, hungry and at risk. Disabled people are “at the sharp end” of this cost of living crisis, and Government support has so far simply not been enough. A one-off cost of living payment to disabled people is an inadequate form of support.

However, disabled people being left behind by this Conservative Government is not a new phenomenon. The Government’s national disability strategy last year left behind the views of those with disabilities. It was found to be unlawful, as has been said, and those with lived experience of disabilities were not talked to adequately. We do that in Scotland. I have talked in this Chamber and in Westminster Hall about what Scotland does. Will the Minister please look at what Scotland does, because it is worth looking at. Disabled people here in Parliament have come to me and said, “I wish I lived in Scotland; you do it so much better.” We are a small nation. Parts of the social security system are devolved, and with that devolution we are doing everything we possibly can to help disabled people and to treat them with fairness, dignity and respect. As the right hon. Member for East Ham said, we do not do that here. People are made to jump through hoops unnecessarily. Please look at what we are doing and learn lessons.

[Sir Stephen Timms]

The Work and Pensions Committee visited Glasgow and met senior officers of Social Security Scotland. There is a great deal in the approach for which the hon. Lady is advocating. She is right and the Minister would do well to take a look at that.

[Marion Fellows]

I thank the right hon. Gentleman for his intervention. I have spoken to many people who were employed by the DWP in Scotland. They are able to compare and contrast the two regimes and they are so pleased to be working for Social Security Scotland.

Those with disabilities are fearful of being left behind once again, with the return to the parliamentary agenda of the British Bill of Rights Bill and the corresponding abolition of the Human Rights Act, if that goes ahead. Its worrying re-emergence rekindles the fears of many disability organisations regarding the removal of statutory protections for those with disabilities. At a time when we should be strengthening the protections in place for those with disabilities to ensure that they can live with as few barriers as possible, the Government risk regressing the regulatory regime for disability rights. The Human Rights Act offers a critically important mechanism for recourse for those with disabilities; abolishing it would weaken avenues for those with disabilities to enforce their rights. I would welcome the Minister telling me that I am wrong and that that will not happen, as I think we all would.

The British Institute of Human Rights has drawn my attention to a story highlighting the necessity of challenging inequality for disabled people using human rights legislation. Bryn was 60 years old and lived in supported living. He had learning disabilities, epilepsy, was non-communicative and blind. Staff at the home became concerned that Bryn had a heart condition and called a doctor from the local NHS surgery, who came to visit. Bryn had an independent mental capacity advocate who was supporting him. The advocate attended a multidisciplinary meeting to represent Bryn. At the meeting, the GP stated that he would not be arranging a heart scan for Bryn as

“he has a learning disability and no quality of life”.

Bryn’s advocate challenged that by raising Bryn’s right to life, under article 2 of the Human Rights Act, and his right to be free from discrimination, under article 14. The advocate asked the doctor whether he would arrange a heart scan if anyone else in the room was in that situation. The GP said yes and then agreed to the scan. The Human Rights Act gave the advocate the legal grounds to challenge the discrimination and take steps to protect Bryn’s life. Sadly, Bryn passed away because of his heart condition before any treatment could take place. I would like us all to reflect on that. I thank the British Institute of Human Rights for bringing that to my attention.

Clause 5 of the rights removal Bill destroys positive obligations, which is the positive duty on public officials to protect people from harm. The new Bill allows public bodies to refuse to act to safeguard people like Bryn, and to raise financial resources or operational priorities as the reasoning behind not taking action. Disability rights groups across the UK are gravely concerned that public officials will not take proactive steps to protect disabled people from harm, due to discriminatory attitudes or the resources required to protect that person, and that the rights removal Bill removes accountability for that. That is very dangerous and increases the likelihood of more awful stories like Bryn’s occurring—[Interruption.] I want to complete these points, Mr Deputy Speaker, so I beg your indulgence—[Interruption.] You are shaking your head.

[Mr Deputy Speaker (Mr Nigel Evans)]

Exceptionally, I will allow you to finish, but agreements were made.

[Marion Fellows]

I will be very brief.

In Scotland, we try to do things differently to foster a more inclusive society for all, based on fairness, dignity and respect—please heed those words. Although we are constrained by the limits of the current constitutional arrangement and budget, the Scottish Government continue to put measures in place to remove barriers facing those with disabilities. We want everyone to reach their full potential.

The Scottish Government have committed to introducing an overarching Scottish diversity and inclusion strategy covering Scotland’s public sector, educational institutions, justice system, transport and workplaces. The strategy will focus on the removal of institutional, cultural and financial barriers that lead to inequalities in relation to many protected characteristics, including disability.

Thank you for your forbearance, Mr Deputy Speaker. We need to look at what Scotland is doing. I hope that the Minister will agree to a meeting with me on this issue—it is a bit cheeky for me to ask at this point, but I used to have regular meetings with the disabilities Minister. I have given examples of cases, as have other Members. We need to sort this out. The Government need to respect the UN convention on the rights of persons with disabilities. We need to make life better for them, because there is a huge pool of people out there who want to work and who want to be able to live a decent life and contribute more to society. We need to, we must and we should give them that opportunity.

[Mr Deputy Speaker]

I call the Opposition spokesperson.