Disabled People on Benefits: EHRC Investigation

Marion Fellows Excerpts

Thursday 23rd May 2024 Commons Chamber

10.35 am

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

(Urgent Question): To ask the Secretary of State for Work and Pensions if he will make a statement on the Equality and Human Rights Commission investigation into the treatment of disabled people on benefits.

[The Minister for Disabled People, Health and Work (Mims Davies)]

It is a pleasure to be called to the Dispatch Box to respond for the Department for Work and Pensions this morning. The Department is absolutely committed to providing services through which every customer, including disabled people and our most vulnerable claimants, can experience fair opportunity and access to our services to ensure they get the support they need.

The Department has been in negotiations with the EHRC since 2021 on this matter. It is disappointing that we have not been able to come to a mutually agreeable position. As the Secretary of State for Work and Pensions stated yesterday during his Select Committee appearance, our existing legal advice and understanding is that both the EHRC and the DWP are still bound by confidentiality. We are seeking further clarity on what we can share, so I will not discuss those negotiations further.

While I do not believe an investigation is necessary, we at the Department do of course take the EHRC’s concerns seriously. We welcome the focus now provided in the terms of reference. We will work constructively with the commission in its investigation to better understand its concerns. I hope the investigation will provide a deeper insight into some of the most complex cases that the Department deals with. Of course, if any improvements are identified by the commission we will, rightly, take steps to address them.

[Marion Fellows]

I thank the Minister for her answer. I have great respect for her, but if she is telling the House that the Government have been in negotiations with the EHRC for three years and this is where we are now, that is ridiculous and absolutely underlines what many in this House, including myself, have been saying to the Government for more than three years. The Scottish National party has been challenging the Government over their treatment of those with illness or disability, and therefore we welcome this overdue investigation by the EHRC.

Full transparency and accountability are imperative so that the mistakes of the past are never repeated; we know about that from all the other investigations that have been taking place recently. If it does transpire that either the DWP or the Secretary of State, or both, have breached equality law, the strongest possible action must be taken. It is the least those who have suffered at the hands of this Government deserve.

I have spoken over the years to many disability organisations and they are appalled at how disabled people are treated, as am I. The United Nations Committee on the Rights of Persons with Disabilities rapporteur has concluded that the UK Government have

“failed to take all appropriate measures to address grave and systematic violations of the human rights of persons with disabilities”.

That is a further black mark against this Government. I have said it time and again: the UK Government must change course from their cruel and demonising approach to disabled people and start supporting them in the way being done in Scotland. The words dignity, fairness and respect mean something to disabled people in Scotland. The Scottish social security system is designed to treat people with dignity, fairness and respect. When on earth will this Government, or the likely following Labour Government, start doing that in the UK? It is an absolute and utter disgrace.

The proposed welfare reforms are dangerous and look to slash disabled people’s incomes during an ongoing cost of living crisis, when disabled people are already facing higher living costs. More people are being pushed into insecure and unsafe work and the Government are undermining the principle of an extra costs benefit for disabled people. Now we have this EHRC investigation. How can the Minister possibly defend her Government’s ongoing assault on disabled rights just to cut costs?

[Mims Davies]

I agree with the hon. Lady. We have much we agree about and real mutual respect, and I know her concerns come from the heart. I reiterate that we are a compassionate Department, welcoming to all, and we are keen to get insights and learnings. I have given evidence on that, most recently to the Select Committee, making it clear that we are a learning Department focused on individuals. In fact, our trauma-informed approach is testament to that. I recently saw that in Hastings, and it is being rolled out in South Yorkshire, Plymouth and all our DWP innovation hubs to successfully drive a programme of understanding into our core business areas, including the child maintenance area and service areas. From a meeting with my DWP colleagues, I know what a big difference it makes.

We engage right across the UK with a multi-agency approach. The hon. Lady will be pleased to know that I recently met the independent reviewer of the personal independence payment and benefits—there is that process in Scotland—for a mutual learning and understanding experience. Reforms that are being brought out are about disabled people’s voices being fully heard and understood, whether that is through our national disability strategy or our action plan this year. I also recently engaged with the Domestic Abuse Commissioner, Nicole Jacobs, who covers England and Wales, and this gives me a chance to pay tribute to her. We have been trying hard to understand tragic and complex cases. Our sympathies are always with the families, and we will continue those internal process reviews.

I hope that the Chairman of the Select Committee, the right hon. Member for East Ham (Sir Stephen Timms), will reflect on the useful evidence that was given. We have a growing number of visiting officers for some of the most vulnerable—we currently have 500—and we have 200 dedicated prison work coaches. I want anybody watching, studying or reading this urgent question to approach us and talk to us. Many people become involved with the DWP at the most challenging times of their lives. We are here to help people, whether through our youth hubs or our disability work coaches. Please tell us what is going on. We can link people to the right agencies, and we are determined to understand what the commission is thinking and feeling and to work with it.