United Nations Convention on the Rights of Persons with Disabilities

Marsha De Cordova Excerpts

Thursday 24th February 2022 Westminster Hall

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

I beg to move,

That this House has considered the United Nations Convention on the Rights of Persons with Disabilities.

It is a pleasure to serve under your chairmanship, Mr Stringer. I thank the Backbench Business Committee for the opportunity to raise these matters. Around the world, 1 billion people live with a disability. According to World Vision 20% of the world’s poorest live with a disability, and according to the UN around 80% of disabled people live in developing countries. Here in the UK, nearly half of disabled people—49%—live in poverty, according to the Joseph Rowntree Foundation. In spite of that, disabled people’s rights at home and abroad have been consistently ignored and deprioritised by the UK Government.

The UN convention on the rights of persons with disabilities, or the UNCRPD, was adopted by the UN General Assembly in December 2006 and ratified in the UK in 2009. It introduced obligations to

“ensure and promote the full realisation of all human rights and fundamental freedoms”

for all disabled people, including taking into account

“the protection and promotion of the human rights of persons with disabilities”

when making and assessing policy. Following a parliamentary inquiry on disability and development in 2014, the UK committed to become a global leader on this neglected and under-prioritised area in its bilateral development review. However, eight years and a global pandemic later, we have seen glacial progress in the policy area of disability rights in the UK.

Last week, the second global disability summit was hosted by the International Disability Alliance, the Government of Norway and the Government of Ghana. The aim of the summit was to mobilise efforts for the implementation of the United Nations convention on the rights of persons with disabilities, the principles of “leave no one behind” and building back better, and more inclusive programming with regards to covid-19. Although I was glad to see the UK Government making 18 commitments at last week’s summit, they will not meet the real needs of disabled people or allow us to do our duty as global citizens to protect the human rights of disabled people at home and abroad. Sadly, this was a missed opportunity once again, and the UK Government’s commitment fell way short of what is needed. Ahead of last week’s summit, the Scottish National party called on the UK Government to enshrine the UNCRPD in law. That was another missed opportunity to protect disabled people’s rights at home and abroad and to advance the rights of everyone.

The UN committee overseeing the UNCRPD not only called on the UK to incorporate the convention into legislation and allow domestic remedies for breaches in 2017, but has investigated the UK over “grave and systematic violations” of the convention in 2016. Although the UK Government recently published their progress in response to the recommendations late last year, the socioeconomic landscape for disabled people has changed beyond recognition since 2016, when the recommendations were made. Examples include coercion of disabled people or their carers to sign “do not resuscitate” orders, and failure to include disabled people in Government plans for financial and social support during the pandemic. Thus, disabled people’s rights remain a great cause for concern.

The Oxford University disability law and policy project and the Bonavero Institute of Human Rights report, “An Affront to Dignity, Inclusion and Equality”, published on 2 July 2020, referred to a

“failure of the government to implement properly its legal duties with respect to the rights of people with disabilities.”

The report stated:

“The government’s policymaking in response to the pandemic has failed to fulfil its own Public Sector Equality Duty under the Equality Act 2010 with respect to disabled people and its obligations under the United Nations Convention”.

Despite the progress that the UK Government claim to have made, disability organisations have expressed concerns to me and others that disabled people’s rights as set out in the convention are not being protected by the Government. One carer working with the Disabled Children’s Partnership shared her story:

“My name is Sarah, and I live in Devon with my daughter, who has an acquired brain injury...There is horrendous resentment towards disabled people in our society, and carers are massively undervalued. As one of the richest countries in the world with an apparent commitment to human rights, you would have thought the UK could respect disabled children and their families—but we are treated horrifically. We need to change attitudes, change services, and fight the injustices that affect disabled children and families”.

Another carer, Joanna, told me:

“The system is broken....It doesn’t get us the services we have a right to to live a good quality of life, and makes us spend a fortune. It needs reform”.

The national disability strategy, published last summer, committed to being “mindful” of the UNCRPD in its implementation—but being mindful of disabled people’s rights is just not enough. In Scotland, as part of taking forward the 30 progressive, bold and ambitious recommendations of the national taskforce for human rights leadership for a new human rights framework for Scotland, a new human rights Bill will be introduced to the Scottish Parliament during this parliamentary Session. The Bill will incorporate four international human rights treaties, including the convention on the rights of persons with disabilities. It will be a significant and historical milestone in the Scottish human rights journey. It will give effect to a wide range of internationally recognised human rights—belonging to everyone in Scotland—as far as possible within devolved competence, and it will strengthen domestic legal protections by making them enforceable in Scots law. It will also demonstrate global human rights leadership, placing Scotland at the forefront of human rights legislation and, most importantly, practice. The inclusion of those rights will empower people, enabling them to claim and enforce their rights in multiple ways domestically, including in a Scottish court. Incorporation of the CRPD will give greater impetus to public bodies to remove barriers and support disabled people to participate fully in society, such as by being able to access information and services and living independently with dignity.

The Scottish Government have created a comprehensive delivery plan to help Scotland meet the requirements of the UN convention on the rights of persons with disabilities. “A Fairer Scotland for Disabled People” was the Scottish Government’s delivery plan for that. It covered 2016 to 2021 and aimed to make equality of opportunity, access to services and independent living a reality for all disabled people in Scotland. Flowery phrases are all well and good, but setting challenging targets is the correct way to push forward on the rights of disabled people. That sometimes leads to not achieving all targets, but overall it leads to improvements in the lives of disabled people. The Scottish Government have committed to publishing a new disability equality plan, which will be published this year. Will the Minister follow the Scottish Government’s lead, commit to enshrining the UNCRPD in law and champion disability rights at home and on the global stage?

The UK Government have exhibited a continual pattern of deprioritising disability inclusion in their policy and decision-making processes. One of the key recommendations following the 2017 investigation by the UN committee into the UK’s implementation of the convention was to involve disabled people and disabled people’s organisations in planning and implementing all laws and policies affecting disabled people. The UK Government said that because the convention was ratified, all UK Government Departments “need” to consider it when developing policies that affect disabled people. However, UKIM, the UK independent mechanism for monitoring progress on the UNCRPD report, said in October 2018 that it

“remains seriously concerned about the continued failure of the UK Government to conduct an assessment of the cumulative impact on disabled people of multiple policy and law reforms in relation to living standards and social security.”

That was exemplified by the national disability strategy published in summer last year, which beyond being, frankly, a lot of bluff and bluster with no meaningful action, failed to consult disabled people in an adequate manner. Disabled people need more than warm words and a surface-level appearance of engagement with the disabled community. Will the Minister commit to properly engaging with disabled people and disabled people’s organisations in planning and implementing all laws and policies that affect disabled people at home and abroad?

Just last month, the High Court ruled that the UK Government’s attempt to involve disabled people and disabled people’s organisations in the consultation that shaped the strategy was both unlawful and inadequate. The chief executive officer of Disability Rights UK, speaking about the strategy, said that it was

“disappointingly thin on immediate actions, medium-term plans and the details of longer term investment”

and that there were

“scant plans and timescales on how to bring about vastly needed improvements to benefits, housing, social care, jobs, education, transport, and equitable access to wider society.”

Some of those issues are devolved, but I am not just talking about people in Scotland: I want people across the UK, especially those with disabilities, to have what is their right. I refer to what I said earlier about challenging targets and how the Scottish Government try to improve the lives of disabled people. On 3 February 2022, the Department for Work and Pensions was refused an opportunity to appeal against the High Court’s ruling. Notwithstanding what you have already said, Mr Stringer, will the Minister confirm whether the Department intends to apply for permission to appeal that decision to the Court of Appeal?

The organisation Sightsavers has raised concerns about the vagueness of the commitments made at the global disability summit last week and about a continual lack of transparency on the implementation of disability inclusion policy by the Foreign, Commonwealth and Development Office. For example, it has expressed concern about the UK Government’s commitments to move from equality awareness to equality transformation, which encourages collaborative work to empower women and girls, people with disabilities, and other socially marginalised people. The commitments made at that summit risk being little more than aspirational language with no measurable objectives and few or no financial commitments or plans to report results. While the Scottish Government welcome the UK Government’s commitment to fund the Global Action on Disability network, the FCDO has not made any other financial pledges in its commitments. Without tangible reporting on the results, they hold very little weight in upholding the UNCRPD and protecting disability rights on the global stage, so will the Minister join me in asking the FCDO to make the monitoring framework and action plan that will accompany the disability, inclusion and rights strategy available publicly?

Globally, disabled people are disproportionately impacted by poverty, natural disasters, healthcare barriers and covid-19, but they are still excluded from many aid programmes, which do not take disabled people’s needs into account. Unfortunately, we do not compare completely favourably in a global context, as here in the UK, poverty is consistently higher for disabled people. According to the Joseph Rowntree Foundation, there is a gap of around 12 percentage points in poverty rates between disabled and non-disabled people.

The UN special rapporteur on extreme poverty and human rights, Professor Philip Alston, highlighted in a 2018 statement concerns about changes to legal aid since 2012, which he said had

“overwhelmingly affected the poor and people with disabilities”,

meaning that they were

“effectively deprived of their human right to a remedy.”

In November 2020, the UK Government announced that they intended to spend 0.5% of gross national income on official development assistance in 2021, down from 0.7% in the seven years from 2013. An unpublished impact assessment of the reductions, written in March 2021, reportedly concluded that this would result in a significant reduction in the number and size of programmes targeted at women, girls and disabled people.

World Vision found that less than 0.5% of all international aid targets disability inclusion. Aid was equivalent to less than $1 per person with disabilities in developing economies. The five most disability inclusion-focused donors target just 3% of their aid to this purpose. The SNP was front and centre of the attacks on the Government’s shameful decision to cut aid by over £4 billion this year and by £2.2 billion last year. The unpublished impact assessment I referred to found that this would result in a significant reduction in the number and size of programmes targeted at disabled people. Only six of the 1,161 aid programmes funded by the UK Government had disability inclusion as their primary objective in 2018.

The new disability inclusion strategy launched by the FCDO last week said that it will work to

“accelerate implementation of the UNCRPD”

globally by supporting Governments to fulfil their responsibilities under the convention through legislation and development and through improving local accountability mechanisms.

[Marsha De Cordova (Battersea) (Lab)]

I congratulate the hon. Member for obtaining this debate; she is making an excellent opening speech. Would she agree that the UK Government must lead by example by implementing the convention here in the UK before they can preach to anybody on the world stage?

[Marion Fellows]

I totally agree with the hon. Member. That is one of the reasons I wanted this debate. I want the Government to commit. The FCDO’s new disability inclusion strategy said that it will work to accelerate the implementation of the UNCRPD globally. Well, as the hon. Member said, the Government cannot preach to others about what they have not done themselves. The strategy lacks any solid financial or measurable commitments to protect disability rights on the global stage.

Will the Minister join me in asking the FCDO to commit to tripling the number of aid projects that have disability inclusion as their primary objective by 2023, prioritising grassroots disability aid projects and ensuring that disabled people are not further excluded from global aid? Further, will she join me in asking the FCDO to commit to including disability in the eligibility criteria for applying for refugee status in the UK, in recognition of the disproportionate disadvantages disabled people face globally?

The UNCRPD seeks to ensure and promote the full realisation of all human rights and fundamental freedoms for all disabled people. Being “mindful” of human rights is not enough; the incorporation of the convention into domestic law will provide the legal enforcement and protection required. It is time for the UK Government to follow the UN committee’s recommendations, match Scotland’s ambition and enshrine the UNCRPD in law, to champion disability rights on the global stage and here in the UK.

--- Later in debate ---

[Marsha De Cordova (Battersea) (Lab)]

It is a pleasure to speak under your stewardship, Mr Stringer. I congratulate the hon. Member for Motherwell and Wishaw (Marion Fellows) on securing this important debate and on her continued campaigning and championing of such an important issue.

The UN convention on the rights of disabled people—I will say disabled people because I subscribe to the social model of disability, so I will refer to it in that context going forward—is timely because it follows the global disability summit, which was the second of its kind. Many of us will remember that the first summit was hosted by the UK, and I made a number of comments back then about the Government leading by example. Disappointingly, we have progressed in years but there is still no change from the Government.

The convention was established in 2006, and it was the last Labour Government who ratified it. Twelve years on, there has been no implementation of it by this Government. As other hon. Members have asked: why is that?

The pillars of the convention are to ensure health, education, employment, access to justice and information, personal security and, most importantly, independent living for disabled people. It is the benchmark, the blueprint, the gold standard of all policy making to ensure that disabled people can live independently and that we have equal rights: it is about equality. If we say that we are serious about equality, the convention must absolutely be the blueprint for it.

Unfortunately, during more than a decade of austerity we have seen cuts to social security, to social care and to every public service. As I continue to say, that has created a hostile environment for disabled people. Almost half of people in poverty in this country are disabled or live with a person who is disabled. I think we all know, as we proceed further through a cost of living crisis, that that is only going to get worse. The convention is clear on support for disabled children, but there is a gaping funding gap of more than £2 billion in support for those disabled children. Their families report that they are struggling to support them without adequate support.

As my hon. Friend the Member for Oldham East and Saddleworth (Debbie Abrahams) mentioned, the independent living fund—the clue is in the title—was cut and scrapped, and was not replaced with a proper independent living fund or support to enable disabled people to live independently. What is the Minister doing to support people in social care? Although the funding that was announced last year is welcome, we all know that it certainly is not enough, because more than 18,000 people’s access to care and support has been affected by the cut.

We all know about the social security cuts; we were all here for the debate about them that I led a few weeks ago. The cuts to employment and support allowance, which remove the work-related activity component, and the changes to PIP have made things incredibly difficult for ill and disabled people. As my hon. Friend the Member for Oldham East and Saddleworth highlighted, we need an independent public inquiry into the deaths caused by the cuts. As we all know, far too many people have lost their lives—let that sink in—as a result of cuts to their social security, which is the very thing that is supposed to be a safety net enabling us to live. Sadly, that is happening on this Government’s watch.

I appreciate that the Minister is not the Minister for Disabled People, but ultimately, she is the one who is here and she is responsible, so I really hope that when she responds, she will address some of these issues.

As a result of the cuts to all those services and support, the UK became the first nation state to be investigated for human rights violations against disabled people. That highlights that everything we had been lobbying and campaigning for before I even entered this place was true. I commend the thousands of disabled people who really fought for that investigation to take place. What did the UN committee conclude? Members have already said it, but we cannot say it enough: in 2016, the UK Government were guilty of “grave or systematic violations” of the rights of disabled people. I want the Minister and everyone here to let that sink in. They are some of the most vulnerable people in our society. How can that be right?

What is more worrying is that since the UN commissioner looked at independent living, social security, the right to work and so on, the Government have been required to provide annual updates to the UN committee, but in last year’s update they failed yet again to address the main challenges. Why? Why will the Government not carry out a cumulative impact assessment on all those areas, including independent living, poverty and inclusion in our communities and in employment? I and many other Members from across the House have called for that, but there has been no progress. The years of inaction raise the question: are the Government taking that UN inquiry seriously?

We know the impact that the pandemic has had on disabled people; the numbers do not lie. Six out of 10 covid-related deaths were of people who had underlying health conditions or were disabled. That is a scandal. At the start of the pandemic the Government failed to provide proper signed interpretation; they were found to be liable for that in the courts—we know that happened. We also know that the £20 uplift to universal credit was not applied to those on legacy social security, 2 million of whom were ill and disabled people.

The pandemic has really shone a light on how badly this Government are treating disabled people. This week, when the Prime Minister declared the end of all restrictions, there was still no plan on how we are going to protect the most vulnerable, some of who are disabled. Where is this plan and where is the equality impact assessment? Ultimately the Government do have an obligation to do that.

Other Members have spoken about the issues around consulting disabled people and their organisations. I will not go into detail on the national disability strategy, because the Government are planning to appeal the High Court decision ruling it unlawful. Let us be clear: that is just another decision in a long line of court rulings where the Government were found to be acting unlawfully against disabled people. The Labour party has been clear in its support for disabled people, and we will continue to hold this Government to account for their treatment of disabled people. As I said at the start, we ratified the UN convention; it is time for the Government to implement it. I ask the Minister to tell us why the Government are still choosing not to, and when they will implement it. Does she agree with all of us that the convention should be implemented? That would be a good start.

We disabled people make up a large proportion of the UK population. We face a cost of living crisis. There are so many challenges confronting all of us in society, but we must give a thought to those who are so vulnerable, many of whom are disabled. I ask the Minister, please, to consider that when she responds.

--- Later in debate ---

[Mims Davies]

Thank you, Mr Stringer, and I thank the hon. Lady for her kind words. It was quite ironic that during his working life, my father was the first person to put in supported disabled crossings for people with blindness, and became blind later in life due to his acquired injury. It is very important for all of us in policy making to understand that people are not necessarily born with a disability or a health condition.

The hon. Lady mentioned her train station. We have similar access issues in East Grinstead in my constituency, and we are trying to improve them. The Department for Transport also has an access programme under way, so she may want to look at that.

[Marsha De Cordova]

I echo the points made by my hon. Friend the Member for Oldham East and Saddleworth (Debbie Abrahams), and commend the Minister for sharing her father’s story. Is the Minister aware, however, that we were supposed to meet our obligation to deliver an accessible transport service by 2020, but we failed to meet that target? The Access for All fund was very welcome, but we are not doing very well when it comes to making our stations more accessible.

[Mims Davies]

The hon. Lady makes an important point: I have not even mentioned my Wivelsfield station, so the reality is that we still have work to do. I know that my hon. Friend the Rail Minister, the hon. Member for Aldridge-Brownhills (Wendy Morton), is very committed to that.

The hon. Member for Motherwell and Wishaw, who opened the debate so eloquently, asked about committing to spending on aid projects, and I will address that later in my speech. I am trying to cover various points, so I hope hon. Members will bear with me while I make progress.

Alongside the Government’s national disability strategy, we have published the health and disability Green Paper and the Government’s response to the “Health is everyone’s business” consultation on minimising the risk of ill health and related job loss. Those publications demonstrate that we are taking a holistic approach to improving the lives of individuals living with disability. I think it is important for anybody listening and engaging with this debate to notice and to know that progress is being made. Of course, there is always more to do.

Significant progress has been outlined in the national disability strategy. At the DWP, we have piloted the adjustments passport, which supports disabled people’s transition into employment. The passport is personalised to the individual and captures in-work support needs, enabling the employer to have an informed conversation with the passport holder—we have just heard about flexible working. In addition, the Department for Business, Energy and Industrial Strategy has launched an online advice hub offering accessible information and advice on employment rights for disabled people.

BEIS has also completed a consultation on making flexible working—we have seen hybrid working too—the default in Great Britain unless employers have good reasons not to offer it, and it is reviewing the responses. I think that consultation is crucial and necessary. The pandemic has given us an opportunity to bust the myth of presenteeism and show that, moving forward, many sectors can be flexible and work in a hybrid way and can absolutely be inclusive of people who are disabled or living with a health condition. That will make opportunities so much more accessible for our constituents, which is what we all want.

I want to turn to the comments made by the hon. Member for Oldham East and Saddleworth on the pandemic. Since the start of the pandemic, the Government have worked hard to ensure that disabled people have access to employment support, disability benefits, financial support, food, medicines and vaccines, as well as accessible communications and guidance. I, like other Members, had constituents asking for all of that and more, and I am glad that we have been able to respond.

Of course, the NHS is offering new antibody and antiviral treatments for people with covid-19 who are at greater risk of becoming seriously ill, such as those who are immunosuppressed or face other risks. There is separate guidance and there will be additional boosters coming forward as well, which many of our constituents may be eligible for. It is important that we let people know, whoever they are and whatever is going on in their lives, that when it comes to the challenges of living well out of the covid-19 pandemic, we recognise that we must understand the impact on those with a disability or health condition. We are absolutely committed to that.

The Prime Minister made clear in launching the national strategy that we fully recognise the need not only to deliver on our near-term commitments but to go further. I can assure the House that we are doing so. As an example, in the autumn 2021 spending review, we provided an extra £1 billion via the Department for Education to support children and young people with more complex needs, including those with a disability. That will bring the total high-needs budget next year to over £9 billion.

It has been mentioned that work is an important part of disabled people’s lives. It is absolutely right that we in the DWP place the emphasis on supporting people into work where possible. Of course, we know how valuable that is. It is more than just a pay packet; it is camaraderie, friendship, and a reason to get up and get going. It makes such a difference to be part of a team and to achieve what we are able to achieve. I am passionate that, whoever someone is, wherever they are and whatever barriers to progression they may face, if they are able to work, they should be well supported to fulfil their potential by the Government, the community and jobcentres.

--- Later in debate ---

[Mims Davies]

I thank the hon. Lady. If the Bill fell in my portfolio and that of my Department, I could shed many lights on it, but I am afraid it sits with BEIS. I am sure that it will take note of the hon. Lady’s query.

On levelling up opportunities, the work and health programme offers intensive personalised employment support, and we are working with the NHS to improve access to psychological therapy services across England. There are also measures under the access to work scheme, which provides employees with grants of up to £62,900 a year for workplace adaptations, such as special equipment, support workers and help to get to and from work. Last financial year, almost 36,000 people with disabilities and health conditions received tailored and flexible support to do their job under access to work. Not enough people know that that is out there, and I am pleased to make the point today.

Disability Confident is another really important part of the package. We talked about employers seeing the value of having a mixed group of people in their workplace. It is a voluntary, business-led scheme, designed to give employers the knowledge, skills and free resources they need to recruit and retain disabled people, and to help them to develop their skills. As of 30 September, over 20,000 employers were actively engaged with the scheme, which covers more than 11 million employees. It is right that we push harder on this, and we will do that through our national employer partnership.

[Marsha De Cordova]

The Minister talks about the Disability Confident scheme. More than 4 million disabled people of working age want to work. While she may applaud the 35,000 figure, it is not enough. An employer can be a Disability Confident employer and not employ a single disabled person. What quality assurance and monitoring is there to ensure that the scheme will provide for disabled people? At the moment, I am not confident in it.

[Mims Davies]

I thank the hon. Lady for making that point. If I may, I will let the Minister for disabled people, my hon. Friend the Member for Norwich North (Chloe Smith), pick up on that issue and write to her.

I turn to international engagement—the hon. Lady who introduced the debate, the hon. Member for Motherwell and Wishaw, would be upset if I did not. It is right to emphasise that the UK has a proud record of furthering the rights of disabled people. We have not got it all right, but we are using our overseas development work to go further, and we always have to do more. The UK is a leading global voice on disability inclusion; it hosted the first ever global disability summit, which was mentioned.

[Marsha De Cordova]

Will the Minister give way again on that point?

[Mims Davies]

I need to make progress. I may try to come back to the hon. Lady.

In the same year, we also launched the disability inclusion strategy, setting out our priorities for social protection, economic development, education and humanitarian action. On our commitments to progress on disability inclusion in the FCDO’s diplomacy, policy and programming—

[Marsha De Cordova]

Will the Minister give way?

[Mims Davies]

I am speaking, if I may. The hon. Member for Motherwell and Wishaw will be pleased to know that we are publishing on gov.uk all the details of the ways in which we absolutely are being more inclusive in our aid programme. I hope that is something she will ask for. On our support for global disability rights, we have committed to spending £10 billion in 2021-22, making the UK’s official development assistance, as I mentioned, disability-inclusive. I am very pleased to see that coming forward. We are absolutely committed to implementing the convention through our strong policies. [Hon. Members: “Will the Minister give way?”] I have given way enough, thank you.

On the treaties that were mentioned, the Government are absolutely sure that the substantive provisions are already largely reflected in our existing domestic policies and legislation right across the UK. We note the recommendations, but the Government’s approach is to put in place a combination of policies and legislation to give effect to the UN human rights treaties that we have already ratified.

I need to give the hon. Member for Motherwell and Wishaw some time to respond, so I will try to do that, after making a final point. I would like to underline fully this Government’s commitment to the convention on the rights of persons with disabilities, and to transforming the lives and opportunities of disabled people, both in the UK and internationally. We are unwavering, and I hope that the announcements last week will sit right with those listening today. We will continue with the wide-ranging commitments made in the national disability strategy. We will consider how we can build on that and go further, making sure that disabled people’s lives are better every day, and we will do that in the context of a central goal: to level up, and to create a society that is more positive, more engaging, and fairer for all, where everybody can get on and progress.