UN International Day of Persons with Disabilities

Debate between Stephen Timms and Marion Fellows

Thursday 24th November 2022 Commons Chamber

[Sir Stephen Timms]

My right hon. Friend is absolutely correct that this has quite a long history, but my sense is that it has got considerably worse in the last few years and the Department has stopped publishing things that obviously should be published and answering perfectly reasonable questions. As a result, it has badly damaged its reputation with disabled people. I hope that the new ministerial team will want to rebuild those links and rebuild trust.

My hon. Friend the Member for Battersea made some important points about the disability employment gap, which has increased in the last two quarters. Many disabled people would like to work but cannot. The pandemic has had a damaging impact, because since then, there has been a steep rise in the number of people who are out of work on health grounds. We urgently need to be able to support disabled people who would like to work into jobs, because that is one of the key ways to tackle the current labour shortage. We can take advantage of that big opportunity.

In July last year, the Select Committee published its report on the disability employment gap. Shortly before the 2015 general election, David Cameron announced a target to halve the disability employment gap, but the target was scrapped shortly after that general election. We want it reinstated. Our report called for a radical overhaul of employment support for disabled people. The big national Work and Health programme is helpful but it is not working for many people. The truth is that, as we can all recognise, smaller specialist providers are often best placed to deliver the help that is needed. People have to be on the ground locally to know who can do the best job; that kind of support cannot be commissioned from Whitehall.

We proposed that funding for this employment support should be devolved. Where the capacity exists, we want groups of local authorities, probably based on the new NHS integrated care system boundaries, to be responsible for commissioning and delivering employment support for disabled people. The Department should allocate funding, monitor performance and publish detailed comparative performance data, but it should not deliver the support, which should be closely integrated with the local health service, colleges and voluntary sector groups. In its response to our report, the Department did not reject that idea, but it has not moved in that direction at all since; I hope that it will.

My hon. Friend was right about Access to Work, which is vital to overcoming work-related obstacles resulting from disability. It is a lifeline for many, but it is not well enough known. Many employers do not know about it and it is dogged, as she said, by a bureaucratic and extraordinarily cumbersome application process that puts people off and leaves many in limbo. Once they have applied, they sometimes have to wait for quite a long time to find out what support they will receive. If somebody benefits from Access to Work in one job and then changes job, they have to go back to square one. There should be a passporting arrangement, as my hon. Friend argued. If they apply for a new job at the moment, their potential new employer cannot be certain what, if any, help Access to Work will provide.

The Minister’s predecessor told the Select Committee about a planned “digital transformation” for Access to Work, which I hope will address those obvious failings, and I hope the Department will involve disabled people themselves in the redesign of the Access to Work programme. I would be particularly grateful if the Minister, in winding up, could give us an update on the progress of that initiative.

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

The right hon. Member is making some powerful points. Does he agree that, where there is a cap on individual benefits through the Access to Work scheme, that stops some people getting everything they deserve, while money for that purpose is left lying in other pools?

[Sir Stephen Timms]

The hon. Lady is right and my hon. Friend the Member for Battersea made that point as well. I think that is unhelpful and should be removed.

We also called in our report for larger employers to be required to publish the proportion of their employees who are disabled, and my hon. Friend referred, rightly, to disability pay gap reporting. Like her, the Select Committee thinks it is high time for a rigorous evaluation of the well-intentioned Disability Confident scheme.

For our current inquiry, we conducted a survey of personal independence payment and employment and support allowance claimants. My hon. Friend referred to the experiences of some of those applicants. We are going to publish our report from that inquiry soon, but it was striking how many respondents to that survey said the assessments had damaged their mental health. In describing the assessments, many respondents said that they were humiliating, undignified or even, in some cases, traumatic. There is a serious PIP application backlog at the moment.

--- Later in debate ---

[Sir Stephen Timms]

The Work and Pensions Committee visited Glasgow and met senior officers of Social Security Scotland. There is a great deal in the approach for which the hon. Lady is advocating. She is right and the Minister would do well to take a look at that.

[Marion Fellows]

I thank the right hon. Gentleman for his intervention. I have spoken to many people who were employed by the DWP in Scotland. They are able to compare and contrast the two regimes and they are so pleased to be working for Social Security Scotland.

Those with disabilities are fearful of being left behind once again, with the return to the parliamentary agenda of the British Bill of Rights Bill and the corresponding abolition of the Human Rights Act, if that goes ahead. Its worrying re-emergence rekindles the fears of many disability organisations regarding the removal of statutory protections for those with disabilities. At a time when we should be strengthening the protections in place for those with disabilities to ensure that they can live with as few barriers as possible, the Government risk regressing the regulatory regime for disability rights. The Human Rights Act offers a critically important mechanism for recourse for those with disabilities; abolishing it would weaken avenues for those with disabilities to enforce their rights. I would welcome the Minister telling me that I am wrong and that that will not happen, as I think we all would.

The British Institute of Human Rights has drawn my attention to a story highlighting the necessity of challenging inequality for disabled people using human rights legislation. Bryn was 60 years old and lived in supported living. He had learning disabilities, epilepsy, was non-communicative and blind. Staff at the home became concerned that Bryn had a heart condition and called a doctor from the local NHS surgery, who came to visit. Bryn had an independent mental capacity advocate who was supporting him. The advocate attended a multidisciplinary meeting to represent Bryn. At the meeting, the GP stated that he would not be arranging a heart scan for Bryn as

“he has a learning disability and no quality of life”.

Bryn’s advocate challenged that by raising Bryn’s right to life, under article 2 of the Human Rights Act, and his right to be free from discrimination, under article 14. The advocate asked the doctor whether he would arrange a heart scan if anyone else in the room was in that situation. The GP said yes and then agreed to the scan. The Human Rights Act gave the advocate the legal grounds to challenge the discrimination and take steps to protect Bryn’s life. Sadly, Bryn passed away because of his heart condition before any treatment could take place. I would like us all to reflect on that. I thank the British Institute of Human Rights for bringing that to my attention.

Clause 5 of the rights removal Bill destroys positive obligations, which is the positive duty on public officials to protect people from harm. The new Bill allows public bodies to refuse to act to safeguard people like Bryn, and to raise financial resources or operational priorities as the reasoning behind not taking action. Disability rights groups across the UK are gravely concerned that public officials will not take proactive steps to protect disabled people from harm, due to discriminatory attitudes or the resources required to protect that person, and that the rights removal Bill removes accountability for that. That is very dangerous and increases the likelihood of more awful stories like Bryn’s occurring—[Interruption.] I want to complete these points, Mr Deputy Speaker, so I beg your indulgence—[Interruption.] You are shaking your head.