UN Convention on the Rights of Persons with Disabilities

Michael Tomlinson Excerpts

Wednesday 20th June 2018 Westminster Hall

[Rosie Duffield (Canterbury) (Lab)]

I beg to move,

That this House has considered the Government’s response to the UN report on the Convention on the Rights of Persons with Disabilities.

Thank you, Dame Cheryl. It is a pleasure to serve under your chairship in my first ever Westminster Hall debate.

This is an issue of great national importance and, indeed, embarrassment. What I am raising today is something in dire need of urgent and effective remedy. I am referring to the United Nation’s assessment of the UK Government’s ability—inability, I should say—to protect the rights of our disabled citizens.

As I am sure most people in the Chamber are aware, last August a UN report by the Committee on the Rights of Persons with Disabilities found that the UK was in serious breach of international human rights law. The report found that the UK was lacking in enforcing or upholding equality legislation in sectors including education, justice and employment.

The beginning of the report offered some praise for recent Scottish and Welsh legislation, but it went on to make 80 recommendations for further action by the UK Government and the devolved Parliaments to implement. As important as I believe it to be to do so, unfortunately, I shall not have enough time today to consider all 80 UN recommendations in my opening speech, although I hope that colleagues will afford focus to some areas that I shall sadly have to miss.

I shall focus on those aspects of disability and equality rights that are the most repeatedly brought to my attention by my disabled constituents and disability rights groups throughout the country. Those are: poverty, inequality in employment, and substandard, illogical and poorly enacted access to welfare provision. As such I shall concentrate on articles 27 and 28, and draw some attention to articles 7, 13 and 21.

Let me begin by painting a picture of the situation in the UK. Right now, about 4.2 million disabled people live in poverty across the country. In fact, more than half of those living in poverty are either disabled or living with someone who is. In the UK, half of all disabled people are still unemployed and, even when they do attain employment, not enough provision is in place for them to maintain it sustainably in the long term.

The report on article 27 of the convention made four key recommendations, which have yet to be implemented. The Government have not yet offered an effective employment policy for disabled people.

[Michael Tomlinson (Mid Dorset and North Poole) (Con)]

I congratulate the hon. Lady on securing her first debate in Westminster Hall, and what an important subject this is. On employment specifically, may I invite her to attend or even join my all-party group on youth employment, which looked at this very subject—those furthest from the labour market—and in particular to look at the report, which drew on organisations such as Leonard Cheshire Disability, highlighting a really important body of work in this area?

[Rosie Duffield]

I shall do, thank you; that will be interesting.

I suggest that access to legal aid and information on accessing it should be made much more readily available, so that disabled people can challenge employers and potential employers on inadequate access arrangements. According to observations of the report on article 13, regarding rights to justice, the UK must:

“Provide free or affordable legal aid for persons with disabilities in all areas of law”.

I ask the Government: what consideration of the legal aid system has been made to facilitate and enfranchise the legal challenges of disabled people on any of the convention articles or the recommendations in the UN report?

In order to access good legal representation and advice, disabled people also need quality digital information services that take account of customers’ disabilities in their design. On article 21 of the convention, the UN committee recommended that the UK improve statutory accessibility standards for all digital information services, including those offered by Her Majesty’s Government.

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[Michael Tomlinson]

The hon. Lady is being generous with her time. She has used phrases such as “targeted austerity” and “lack of humanity”, but will she not join me in welcoming the fact that disability benefits spending is at its highest level ever, and that it will continue to be higher than it was in 2010 every year up to 2022?

[Rosie Duffield]

We all know that in real terms that is not the case, because the cost of living is constantly rising. I do not hear from my constituents who struggle to pay the bills that their lives are any easier—in fact, the opposite is true. We have to disagree on that one.

Since the committee’s investigation in October 2015, further measures have been introduced that have or will have further adverse impacts on disabled people. They include the cut to ESA for those in the work-related activity group that is due to come into force in April 2017 and further cuts to local authorities’ social care budgets.

I call on the Government to develop and implement a plan of action that abolishes any laws, regulations, customs and practices that discriminate against disabled people. Imagine losing your livelihood as a result of a flawed assessment that is not your fault. Imagine going hungry, living in poverty and being under so much stress that it severely affects your wellbeing. Most of us in this room will never have to experience that, but most of us are not already living with the challenges of disability.

I call on this Government to begin taking seriously the poverty and discrimination experiences of disabled people and those who care for loved ones with disability. I call on this Government, as a bare minimum, to honour their commitment to human rights, by accepting and acting on the recommendations provided by the UN inquiry. The protection of human rights is a sacred function of the state and we are in breach of that function. It is not the time to deny facts, ignore inequality and dismiss the well-documented experiences of our citizens. It is time to act. I urge the Minister to do just that.

I thank hon. Members for listening. I am sure many colleagues wish to speak because, as I said at the beginning, there are so many recommendations that we could cover in this debate. Each recommendation and article is important and each is deserving of its own debate.

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[Fiona Onasanya (Peterborough) (Lab)]

It is a pleasure to serve under your chairmanship, Dame Cheryl. I apologise in advance, because I have some parliamentary business to attend to, so I may not be able to stay for the winding-up speeches.

I pay tribute to my hon. Friend the Member for Canterbury (Rosie Duffield) for introducing such an important debate. The points that have been made have been both interesting and troubling. I say that because, while I understand the facts and figures presented, the reality experienced in my constituency is very different. I will tell some of the stories that constituents of mine have shared with me, giving first names but not surnames.

I was approached by a constituent called Hugh, who has T-cell psoriasis in his hands and feet. He struggles to dress himself without great discomfort, and when I met him he could not lift a cup of coffee with both hands. Walking can be difficult for him. He was found to be fit for work.

Gloria is 71 years old, with arthritis in her legs. She lives on the second floor of a building with no lift and struggles with stairs. She lives with a grown-up son who has learning difficulties—although he has a job. With regard to her housing, she was told that she cannot be moved to any higher band as her son works, so they consider him to live independently.

Victoria has severe mobility issues and sepsis in her legs. At her first assessment, the disability element was reduced as she could prepare her own meals and wash herself with installations at home. Her condition has since get worse, but she was refused PIP and the PIP assessment at home. She was granted an assessment only when my office intervened.

Harry was working in the Navy. He sustained a brain injury so is not able to work. He suffers from severe depression and anxiety as well as the brain injury. The PIP assessor said in his assessment that he was “too aggressive” and ignorant of his mental health conditions. PIP was declined as a result. Those are just a few of the people I come across, so warm words or advising about more money that can be accessed is not helpful at all.

I was tearful when I spoke with this last person. She explained that she had had four strokes—four strokes. She was expected to do a work capability assessment, and because she touched her face during the assessment, the assessors said she was able to work; in fact, they did not believe that she was as paralysed as had been said. That is what we come across as Members of Parliament.

We are not standing here to say that this is unfair just to represent the Opposition and be against what the Government have set out, but the fact remains that it is unfair. The disabled people I represent believe they are “the forgotten class”. Where are they when we look at assessments? I agree with the hon. Member for Chelmsford (Vicky Ford) that assessments should be recorded, because the way in which assessors put questions across is bad. For example, assessors say, “Can you walk 50 metres?” but how far is that? We do not look at that. Another of my constituents, who has Asperger’s, was told, “You can walk 50 metres, can’t you?” so he said, “Yes,” not understanding the impact that would have.

As my hon. Friend the Member for Canterbury said, the four recommendations on article 27 have not been taken on board. We talk about facts, but how many of the recommendations have been implemented? How many people have to go under the radar, unnoticed and unhelped, and fight, going for appeals with no deadline or timeframe for how long they will wait for their appeal to be heard? They are supposed just to get on with life.

It is not enough to say, “We are trying to encourage disabled people into work.” That is applaudable and honourable, and I agree with that when they can work, but many disabled people cannot work and are not only penalised for sometimes having a physical disability that prohibits them from working; but we say, “We know you need financial assistance—this welfare—but we’re not going to give it to you until you can prove to us how disabled you are.” Something is wrong there.

[Michael Tomlinson]

The hon. Lady is making a passionate and cogent speech. Does she accept that the vast majority of disabled people do want to move into work? While welcoming the 600,000 who have already done so, does she agree that that is just a start and that we should look to close the disability employment gap in its entirety?

[Fiona Onasanya]

Let me be clear. It is good that disabled people want to get into work, and this is a start. I agree with the hon. Gentleman on that. Where we differ is on disabled people who are not able to work who have to fight to prove that. I do not agree with that. It is not correct; it is against their human rights.

I am not saying that those who can work should not work but that we should listen to what those who cannot work are saying. They are going through assessments. I have a constituent who had four strokes and is physically disabled, yet because she touched her face she is told she can work. Something is wrong there. Something is wrong with a double amputee being told they can climb the stairs with their hands. That is what needs to be addressed.