HL Deb 03 October 2000 vol 616 cc1263-5

2.43 p.m.

Lord Ashley of Stoke asked Her Majesty's Government:

When they propose to grant powers to the Disability Rights Commission to assist individuals seeking to take cases related to disability under the Human Rights Act 1998, as recommended by the Disability Rights Task Force (recommendation 10.13).

The Minister of State, Department for Education and Employment (Baroness Blackstone)

My Lords, the chairman of the Disability Rights Commission recently wrote to my right honourable friend the Secretary of State for Education and Employment asking for the commission's powers to be extended to enable it to assist disabled people to enforce their convention rights. The Government are considering that request and we hope to be able to respond to the commission by the end of November.

Lord Ashley of Stoke

My Lords, I thank my noble friend for that helpful reply. However, will she bear in mind that the Human Rights Act concerns essential rights for disabled people which are outside the scope of the Disability Rights Commission Act and, in particular, that Articles 2, 3, 5, 8 and 12 of the European convention are of crucial importance to disabled people, yet they will not obtain the benefit of them until the Government act? Therefore, will my noble friend agree that disabled people need representation effectively to ensure that their rights are observed? As the Secretary of State already has the power to extend that remit, why does he not do so?

Baroness Blackstone

My Lords, of course the Government will take into account what my noble friend has just said in considering what, I believe, is an important matter. However, as I said, we are actively considering the request from the chairman of the DRC and we shall, I hope, be able to respond by the end of November. However, as I am sure my noble friend is aware, we need to consider a range of quite complex questions, such as consistency with the other equality commissions, and the scope of any powers that may be given and how those will operate in practice.

Lord Campbell of Croy

My Lords, as the Disability Rights Commission has been described as "up and running" since April, can the noble Baroness summarise what tasks it has been able to carry out since then?

Baroness Blackstone

Yes, my Lords, I can try to respond to the noble Lord's request for a progress report on what the DRC has been doing. The Government are very pleased that the commission is becoming an authoritative voice on disability and that it has been able to support successfully one case under the DDA in the Court of Appeal. Its caseworker service is handling approximately 150 cases a week. It is also providing a range of conciliation services and will operate as a mediator in disputes under the DDA. Finally, it is commissioning a series of events to try to raise the profile of disability issues right across the country. Therefore, we believe that, after six months work, that is good progress so far.

Lord Tomlinson

My Lords, perhaps I may ask my noble friend how many members of the Disability Rights Commission are themselves disabled and therefore able to speak from experience in the commission?

Baroness Blackstone

My Lords, I believe that the DRC has 15 such members. The chairman of the commission is himself disabled and approximately two-thirds of its members have a disability. Recruitment to membership of the DRC was, of course, carried out on open and transparent terms. Members of the DRC who are not disabled are committed to promoting the rights of disabled people and were tested with that type of question when they were recruited.

Lord McCarthy

My Lords, does my noble friend agree that one of the main jobs of the commission must be to test the validity and utility of the Act in respect of disabled people? We should consider what the Commission for Racial Equality and the Equal Opportunities Commission have done in taking up key cases and putting them through the courts in relation to race and sex discrimination. It is absolutely critical to have a commission of that kind which tests and supports good cases. Therefore, surely the Government will want to give the commission that power immediately and without any clarification.

Baroness Blackstone

My Lords, I can only repeat what I said in answer to my noble friend Lord Ashley. The Government are looking at the matter and will come up with a reply as soon as possible—I hope by the end of November.

Baroness Wilkins

My Lords, are the Government aware of how important is the extension of such powers to disabled people who are confined to institutions? It will enable them to challenge many of the abuses which take place, such as the inability to have a relationship, to get married or even to receive private correspondence.

Baroness Blackstone

My Lords, yes, the Government are aware that one of the areas where there is a case for extending the powers of the DRC is in relation to people who are in institutions of one kind or another. There may be cases of discrimination against such people that can be followed up through the application of the Human Rights Act. For that reason, the Government are looking sympathetically at that request.

Lord Addington

My Lords, will the Government give an undertaking that the cost for individuals, in terms of their lives being dominated by their struggles, is taken into account when we are thinking about giving support to individuals? Surely we do not want people to have to take on miniature crusades every time they want to bring an action.

Baroness Blackstone

My Lords, yes. My noble and learned friend the Lord Chancellor has been able to provide additional funding to support the costs of such cases.

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