City Centre Security Measures and Access for Disabled People

Debate between Rachael Maskell and Samantha Dixon

Tuesday 25th April 2023 Commons Chamber

[Rachael Maskell]

The hon. Gentleman is right to say that disabled people are more likely to experience loneliness—13% more likely—and because York is both urban and rural, the people living in communities in his constituency will also experience detriment. As we look across York, we know that security risks need to be addressed, but so do people’s human rights.

We live in a troubled world. Risks present themselves every day around the globe and here at home, and we must do all we can to keep our communities safe. There is no point in saying “if only” at the inquest when we had the chance to rechart the course of history. I understand risk and I want my city to be safe for all who enter. Mitigation must be proportionate and effective. But let us be clear: disabled people are not terrorists, yet they are the ones being excluded.

Imagine a sign saying “No disabled people”. Yet that is what York has sunk to: denying dignity to the 60-plus people who every day depend on their blue badge to access the city. My plea to the Minister is that blue badge holders need his help. In York, the council is clearly out of its depth. Some places have got this right and others horribly wrong. This is a very specialist area of policy, and central Government need to provide the specialism that localities do not have.

Barricades around our ancient city are nothing new. The centre already has the world-renowned wall, which makes for an enjoyable walk for those who can access it. There are 8 million visitors a year and just over 200,000 people living in York, and 34,592 residents identified as a disabled person in the 2021 census and around 7,000 have been issued with a blue badge, granting access and parking to reach shops, services, open spaces and entertainment across our city centre and beyond.

We have a heavy responsibility to ensure safety, but also to ensure that disabled people are not denied their rights. The latter has been poorly understood. A Labour Government would ensure that every town and city is safe and secure, and reverse the ban in York. I have been talking to my hon. Friend the Member for City of Chester (Samantha Dixon), who says that it does not have to be this way. Access for blue badge holders has been facilitated there, overcoming the very issues that York has railed to grasp. Chester, the first British city to win the coveted European access city award for balancing safety and access, provides for access at barriers, which close only when risk is identified. Essential businesses and blue badge residents are on the list for access, and even visitors can apply in advance. Its infrastructure provides safety and access, and Chester understands the importance of involving and working with disabled people in planning.

[Samantha Dixon (City of Chester) (Lab)]

I thank my hon. Friend for her comments about Chester. I have to ask why on earth City of York Council has not followed Cheshire West and Chester Council’s excellent example in this matter. Our city centre scheme has been worked on since late 2017. At every single step of the way, my council’s fantastic officers have worked assiduously with the access officer, the equalities team and, most importantly, disabled people themselves to accommodate their needs while balancing the imperatives of the wider security environment. The council has the powers, but uses them extremely sparingly. Indeed, they have been activated only three times. This measure should not be used as a barrier to disabled people leading their day-to-day lives.

[Rachael Maskell]

I am grateful to my hon. Friend for her comments. Inclusion is about the co-production of outcomes. Chester is able, but the Liberal Democrat York administration has failed to commit to measures and is therefore barring disabled people from being able to access their city.

Turning to the law, I am grateful to the world-leading Centre for Applied Human Rights at the University of York, which produced an outstanding report, and to the Reverse the Ban campaign to provide access to disabled people. The UN convention on the rights of persons with disabilities, a human rights treaty, binds national and local jurisdictions, stating:

“Disabled people must never be treated less favourably than others, excluded from or denied access to services, education, work or social life on the basis of their disability.”

and must have access

“on an equal basis to non-disabled people”.

Further, it states that

“Disabled people’s full and effective participation and inclusion in society must be supported”.

With the combination of the Equality Act 2010 and the Human Rights Act 1998, the rights of disabled people cannot be dismissed. Disabled people, under articles 8 and 14 of the Human Rights Act, have a right to participate in essential economic, social, cultural and leisure activities. Any limitations for security must be proportionate and inclusive. The Equality Act 2010 is even more relevant as it places a duty on public authorities to make reasonable adjustments for disabled people to exercise their rights and to

“advance equality of opportunity between persons who share a relevant protected characteristic, and those who do not.”

Case law clarifies that public authorities must have due regard for the impact on elderly and disabled people when imposing parking restrictions. York fails that test. There were two equality impact assessments. The first, in June 2020, said that there was no infringement on human rights, yet it recognised that blue badge holders would be barred from the city. In November 2020 there was recognition of the breach, but no mitigation and no compelling reason for justification.

Removing the ability to drive and park in the streets will increase the distance that people with reduced mobility have to travel. They will be locked out of their city. Above all, under the convention on the rights of persons with disabilities, the Government must ensure that the built environment is usable by disabled people on an equal basis to others. I recognise that that is difficult, but rather than the authorities making mistakes akin to York’s, the Government must intervene and assist.

First, funding is key to making places accessible. Infrastructure is not cheap, and project costs invariably spiral. We need Government funding and backing to support local authorities at risk. Secondly, security risks change, so continuous support must be available. A central unit of expertise that works with local partners with a strong understanding of security and the impact on human rights is essential. York needs an integrated security audit and plan, and the Government should assist it.

Thirdly, disabled people must be involved in the design of any consultation and subsequent mitigation measures. City of York Council ran three consultations, including one focused on disabled people and representative groups. In addition to wider infrastructure enhancements, public transport and information, it recognised the rights of disabled people. York then ignored them. Fourthly, there is a clear need for co-production of hostile vehicle mitigation measures, ensuring that safety and human rights obligations are met. Solving conflicts together produces stronger outcomes.

I believe that York must stop digging in and start listening, like Chester. Here is my proposal. Blue badges are identified to a person, not a vehicle. At barrier entry points, they can be shown to security personnel or a camera. Additional security—a password, identification or a QR code—could act as secondary security. That is a tried and tested method when operating security zones. Visitors will have to pre-register, but that is not arduous. It is simple, safe and secure, and it protects the city and human rights. York’s plans will deny access to disabled people between 10:30 am and 5 pm. Many disabled people find mornings difficult, and by 5 pm the shops and amenities will be closed. It is simply shameful that blue badge holders are locked out. The council executives should hang their heads in disgrace.

A Labour Government would not tolerate that and would reverse the ban. The Minister needs to intervene urgently with his expertise to keep people safe and enable people to be dignified in their city. I want him to work with me, halt the engineering works that commenced yesterday at a cost of £3.5 million to local people, and provide oversight, as York’s safety and access is of national concern. Getting it right in York will set a blueprint for elsewhere. Labour has already forced the administration to appoint an access officer and set up an access forum, but due to the abysmal record of the authority on equalities, I argue that an equality scrutiny committee needs to be established, so that all the authority’s work is examined and non-discriminatory mitigation is put in place.

My sincere thanks go to the 27 organisations representing disabled people, older people and allied and related organisations campaigning to reverse the ban, and to Flick Williams, who is a tour de force when speaking on behalf of disabled people to secure their human rights. The embarrassment is that York became the UK’s first UNESCO human rights city in 2017. This year it holds the prestigious international chair for human rights cities. My well-researched proposal would remedy the council’s shaming of York. I ask the Minister to intervene and to join me not only to immediately reverse the ban but to strengthen security and access, so we can all live safely and with dignity.