UN Convention on the Rights of Persons with Disabilities

Debate between Dan Carden and Marsha De Cordova

Wednesday 20th June 2018 Westminster Hall

[Marsha De Cordova (Battersea) (Lab)]

It is a pleasure to serve under your chairmanship, Dame Cheryl. I begin by congratulating my hon. Friend the Member for Canterbury (Rosie Duffield), first for securing this important debate and secondly for the incredibly powerful speech she gave. She was right to highlight that no Government should introduce legislation that discriminates against disabled people. She rightly stated that the Government’s record is a national shame, and highlighted the dire inequalities in social security and access to justice, the increase in poverty, and the lack of access to information. There are huge difficulties in access to digital information, as my hon. Friend the Member for Batley and Spen (Tracy Brabin) highlighted, and alternative formats for people living with sight loss are lacking. My hon. Friend the Member for Canterbury was right to call out the fact that there is a lack of legislation covering intersectional discrimination.

I also want to pay tribute to some of my other colleagues, including my hon. Friends the Members for Hartlepool (Mike Hill) and for Liverpool, Walton (Dan Carden). My hon. Friend the Member for Oldham East and Saddleworth (Debbie Abrahams) made a powerful speech. She has led the way and has held the Government to account powerfully for many years. I thank her for all the work she has done and will continue to do. She rightly highlighted that the Government chose not to include the charter of fundamental rights in the European Union (Withdrawal) Bill, which is a shame. My hon. Friend the Member for Peterborough (Fiona Onasanya) shared the powerful testimonies of some of her constituents. I thank everybody for all their efforts. It is right to point out that this is a shame, and there is no other way of looking at it.

The UK was once at the forefront of disability rights: 48 years ago, we passed the groundbreaking Chronically Sick and Disabled Persons Act 1970. It was led by Lord Alf Morris, who shortly afterwards became the first Minister for Disabled People—I am honoured to be in that shadow role today. That legislation was a response to disability campaigners calling attention to the deep and pervasive injustices that disabled people face. In December 2007, we became signatories to the convention on the rights of persons with disabilities, which committed us to progressively realising the rights of disabled people—our rights to live independently, to be included in the community and to have access to education and justice. After eight years of brutal Tory cuts to disabled people’s social security, of increasingly cruel and degrading assessments and sanctions, and of being stigmatised by Government Ministers, disabled people know that the Government have not been defending our rights. The UN CRPD committee found that disabled people’s rights have been “gravely and systematically violated”. It is difficult to overstate the significance of that judgment.

The UK was not merely the first country to be found in breach of the convention’s obligations; we were the first ever to be investigated. Over the past eight years, we have seen not the progressive implementation of disabled people’s rights, but their unprecedented erosion and violation. The committee found that Departments are grossly failing disabled people.

The brutal cuts to disabled people’s social security have made a mockery of article 19, on the right to live independently and in the community, and article 28, on the right to an adequate standard of living. The Welfare Reform Act 2012 alone cut £28 billion from social security. Half of people in poverty are now either disabled or living with someone who is disabled. Almost a quarter of disabled people are now forced to miss meals because of economic hardship, and one in five cannot pay to heat their homes. Such drastic cuts to social security led the UN committee to find that disabled people were the single biggest group affected by Tory austerity policies.

The UN said that the systematic impoverishment of disabled people was an entirely predictable effect of the Government’s austerity policies. It was, of course, predicted by disability groups, but the Government ignored it and refused to carry out a full cumulative impact assessment of the cuts.

[Dan Carden]

Does my hon. Friend agree that it is disappointing and outrageous that the Government have wasted more than £100 million on pointless appeals and on putting disabled people through a nightmare as they try to access the benefits they deserve?

[Marsha De Cordova]

My hon. Friend is absolutely right.

Will the Government commit to carry out a cumulative assessment of their tax and social security reforms since 2010? In addition to the devastating cuts and suspicion, disabled people have been endlessly mistreated by the chaotic Department for Work and Pensions. High Court judgments have repeatedly found that the DWP has blatantly discriminated against disabled people. Only last week, it was found that the cutting of disability premiums from universal credit was “unlawfully discriminatory”. There has been “blatant discrimination” against PIP claimants, and employment and support allowance has been continuously underpaid.

The UN report found that disabled people are being undermined not just by the social security failings, but by the lack of social care funding. Since 2009, the number of disabled people receiving social care has fallen by nearly 30%. The UN report highlights that social care is vital, and that it allows many disabled people to live independently. Will the Minister outline whether the Government’s forthcoming Green Paper will include working-age adults? I asked the Secretary of State for Health that question on Monday but did not get a full answer.

On the right to work, the Government have not done enough to remove the barriers that disabled people face. There is a lack of high-quality impairment-specific support. The Government’s flagship Disability Confident scheme does not measure the number of disabled people it has directly helped to move into work. Access to Work must be improved, extended and better publicised. Will the Minister consider removing the discriminatory cap?

Signatories to the CRPD are obliged to promote inclusive education. Under the Government, there has been regression and an increase in the number of special school places. What is the Minister doing to encourage her colleagues to improve inclusive education? In recent months, the Government have created a cross-ministerial body that is supposed to promote disability issues across Government, but at the same time they have cut the number of staff at the Office for Disability Issues. As my hon. Friend the Member for Oldham East and Saddleworth asked, what is the group’s scope? Where are its published terms of reference?

The Government are helping to organise a global summit in July, but why should any other state take them seriously on disability rights when they are systematically violating the rights of disabled people and continue to ignore the UN’s recommendations? When will the Government publish their response to the UN’s report?

When we get into power, the Labour Government will incorporate the convention into UK law, scrap the punitive sanctions regime, and replace the assessment regime with a more holistic, supportive assessment framework. It is a shame on the Government that we have to stand here today and debate this issue once again. They must take heed and listen.

Personal Independence Payments

Debate between Dan Carden and Marsha De Cordova

Wednesday 31st January 2018 Westminster Hall

[Marsha De Cordova]

My hon. Friend, too, makes a valid point. We have to look at the policy intention behind PIP’s introduction—to make savings and to reduce the number of disabled people who were entitled to the benefit.

The assessment framework creates a series of financial problems. Poor-quality decision making has led to disabled people losing vital financial support. The evidence is damning—it is there for all to see. When decisions are challenged, in 68% of cases taken to tribunal the finding is in favour of the claimant. That indicates that there is a problem. The process is lengthy and stressful, and many people do not know how to challenge a decision or what they need to do, so many will go without and lose that financial support.

If a claimant wants to challenge a PIP decision, they must first ask for a mandatory reconsideration, as my hon. Friend the Member for North West Durham discussed in detail. That was supposed to improve the claims process, but in reality, it has had the opposite effect. Many disability organisations have noted the number of decisions on claims that have passed through the supposedly rigorous mandatory reconsideration stage, but have gone on to be overturned at tribunal.

According to the Department’s own figures, about 20% of PIP MR cases lead to the decision being revised. It seems that the appeal tribunal process is being used as a backstop for poor decisions that should have been resolved at the initial stage or at the mandatory reconsideration.

[Dan Carden (Liverpool, Walton) (Lab)]

My constituent, Anthony, who visited my surgery on Friday, has a chronic illness. He has been through the process up to the point that my hon. Friend describes and he is awaiting a date for the appeal court. He will lose his car in April. He has been to advice centres to seek advice, but they are full with a backlog, so he has now come to me. Without a date for the appeal process, what can be done and what should the Government do? He faces months and months of distress.

[Marsha De Cordova]

Perhaps the Minister can clarify what my hon. Friend’s constituent should do. We cannot have individuals losing their vehicles unnecessarily.

Poor decision making is taking place. It has become so bad that the most senior tribunal judge said that the evidence provided by the Department was so poor that it would be “wholly inadmissible” in any other court. There has been a 900% increase in complaints about PIP.

I will talk briefly about the High Court decision. There was an urgent question yesterday, but I am not sure that the Minister answered all the points that were made. The regulations were introduced to reduce the number of claimants who qualify for PIP. The High Court said that they were “blatantly discriminatory” against people with mental health conditions. What is most scary is that but for the High Court decision, the Government could have just carried on as usual.