City Centre Security Measures and Access for Disabled People

Marsha De Cordova Excerpts

Tuesday 25th April 2023 Commons Chamber

[Rachael Maskell (York Central) (Lab/Co-op)]

I am grateful to have been granted the opportunity to have this debate. The centre of York is a special place. It is one that my community really values, with its amenities and services, its heritage and its friendships. Imagine someone being told that they are no longer allowed entrance. Why? Because they are a disabled person. Disabled not by the debilitative impairment that they have learned to live with, but “dis-abled” because the new security barriers prevent them using the blue badge access on which they depend. For some, alternatives may be found, but if their vehicle is their only means of transport and Motability alternatives do not work for them—or if it is where they store their medicines or equipment, such as a nebuliser, or it is their safe space—then being denied entry takes away their human rights and dignity.

We had these debates decades ago, resulting in the Disability Discrimination Act 1995. We understand the social model of disability, which is about the barriers—in this case, literally barriers—that prevent people from living their life without detriment. People are now locked out of their city not because they have an impairment, but because of intransigence within the local authority or authoritarians within it not recognising their basic human rights. As if life was not hard enough already, that one moment in the week when they go to the bank or post office, meet a friend for a coffee, or go to church or the cinema is now forbidden. Even the St Sampson’s centre, a specialist social space for older people, is cordoned off. It is discrimination.

[Marsha De Cordova (Battersea) (Lab)]

My hon. Friend is making an excellent opening to her speech. Does she agree that a local authority seeking to ban disabled people from being able to access the centre of York amounts, pure and simple, to direct discrimination? It is a breach of their civil and human rights, and if the local authority were to rethink this, it would lift that ban and remove the barriers so that disabled people can freely access the city within which they live.

[Rachael Maskell]

I am really grateful to my hon. Friend for making that point so powerfully, because this is an infringement of somebody’s rights and it is discrimination.

While the UN General Assembly and special rapporteur say that human rights and security are not in conflict, but complement each other, those with a poor knowledge of human rights have set them against each other. Tonight, I want to set the scene in York and say what the Government need to do to uphold human rights while strengthening security, as Labour would.

--- Later in debate ---

[The Parliamentary Under-Secretary of State for Levelling Up, Housing and Communities (Lee Rowley)]

I start by conveying my sincere appreciation to the hon. Member for York Central (Rachael Maskell) for calling the debate and for speaking so powerfully on behalf of her constituents, especially those who have been adversely affected by the installation of bollards, the removal of blue badge parking in York city centre and the many other issues she highlighted.

I thank the hon. Members for Battersea (Marsha De Cordova), for City of Chester (Samantha Dixon) and for Strangford (Jim Shannon), and my hon. Friend the Member for Woking (Mr Lord), for their contributions to the debate. I particularly thank my hon. Friend the Member for York Outer (Julian Sturdy), who is no longer in his place, for his contribution. I know he has similarly strong views to those articulated by the hon. Member for York Central. Both the hon. Members who represent the city of York are committed champions of the residents and businesses that call York home, and I know they share our ambition for that fine city, in the heart of the northern powerhouse, to continue to grow and flourish in the long term.

York attracts over 8 million tourists from home and abroad every year. We know the visitor economy is vital for the city, but it also causes the types of questions, challenges, trade-offs and considerations that the hon. Lady so eloquently espoused in her speech. An appropriate balance clearly needs to be struck, so in my response I want to provide clarity about the Government’s role and responsibility, while outlining some of the work around accessibility for disabled residents in York, and indeed in all our towns and cities.

First, I will talk about the UK shared prosperity funding, from which some money has been contributed to the work that has been discussed. I will then talk about accessibility and finally about blue badge parking.

As the hon. Lady will know, appreciate and accept, empowering places to identify and build on their own strengths and needs is a core tenet of the levelling-up agenda, which is why the UK shared prosperity fund is giving York £5 million. The hon. Lady is absolutely right that improving infrastructure costs money and takes time. The fund will help neighbourhoods and create more high-skilled, high-wage jobs of the future.

As the hon. Lady outlined, clear concerns have been expressed about the changes that have made to some of the projects, including the perceived heavy handed use of bollards that restrict accessibility for people in wheelchairs. In rolling out the UK shared prosperity fund, we have been clear that we want to give local areas the maximum amount of local discretion. The essence of devolution is affording local areas the freedom to forge their own path, but with rights come responsibilities.

The hon. Lady has expounded the concerns that she and many others have about the course of action that has been outlined so far by City of York Council. The Government have always been unequivocal in saying that our high streets must be open and accessible to everyone. Local authorities have a duty, under section 122 of the Road Traffic Regulation Act 1984, to exercise their functions in securing the

“expeditious, convenient and safe movement of traffic.”

Although councils are ultimately free to make their own decisions about the streets under their care, they need to take into account the relevant legislation. They are also responsible for ensuring that their actions are within the law. They are accountable to local people for their decisions, and indeed for their performance. There is no specific requirement for local authorities to use bollards; it is for each council to decide the most appropriate way to resolve these challenges.

Blue badge parking is a similar case. I know that the hon. Lady has been a champion of reversing the ban on blue badge parking since it was introduced in the city’s pedestrian zones as part of the measures introduced in 2021. I appreciate that the resident-led campaign has won the support of others, including Dame Judi Dench, as the hon. Lady outlined in her conclusion.

The blue badge scheme is a lifeline for many disabled people. It helps approximately 2.5 million people in England to remain independent, while preventing social isolation. The Department for Transport has published several documents and some non-statutory guidance for councils on how the scheme should operate. One such document, as the hon. Lady outlined, is “Inclusive Mobility: A Guide to Best Practice on Access to Pedestrian and Transport Infrastructure”, which sets out the provision that should be made for parking spaces. It states:

“Creating and maintaining an accessible public realm is crucial for ensuring that disabled people are not excluded from playing a full role in society… Inclusive design requires that the needs of all disabled people are considered from the outset of any transport and pedestrian infrastructure”.

Personally, I would strongly encourage the city of York to think carefully about reconciling the understandable challenges with which it has to grapple, which we all recognise—the hon. Lady was careful to articulate and highlight them in her speech—with an approach that meets the rights of disabled people in the way she outlined. There is always a balance to be struck between protecting the public and not unduly imposing on the rights and freedoms of disabled residents, blue badge holders or the wider public who need to park in the city for essential reasons.

[Marsha De Cordova]

In my opinion, City of York Council is clearly breaching the law. It does not even seem to be complying with its responsibilities under the public sector equality duty. Is there scope for the Government to intervene to instruct or encourage the council to reverse the ban?

[Lee Rowley]

I am grateful for that question, which goes back to my point that ultimately central Government have to recognise, if we believe in devolution, that local councils must have the aegis and the space to make decisions. However, councils must make those decisions in accordance with the law, must have regard to regulation, and must think carefully about the impact and implications of their decisions in the way the hon. Member for York Central outlined. The fact that the subject had to be raised in this place tonight is indicative of the level of concern that has been expressed on both sides of the House about the challenges facing the city of York.

I have to respect the devolution settlement. I have to recognise that, ultimately, it is right that decisions are made locally. Local government does fantastic things across the country on a daily basis, and we should congratulate it and thank it for doing so. Nevertheless, I hope that the city of York is listening tonight, that it has heard the concerns and comments that have been articulated, and that it will consider very carefully how to approach the matter in future.

Question put and agreed to.