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UN Convention on the Rights of Persons with Disabilities

My Lords, I thank my noble friend Lord Ashley for raising this question and for ensuring that time has been allocated to discuss this important area of human rights for disabled people. He, of course, has an outstanding and steadfast commitment to these issues. Indeed, it has been a valuable and informed debate, which will help inform our preparations and plans for ratification of the convention and eventual acceptance of its obligations. Many questions have been raised with me tonight. On those that I cannot cover in my allotted 12 minutes, I undertake to write to noble Lords. Reference was made by the noble Baroness, Lady Darcy de Knayth, and my noble friend Lord Morris to the early work done by Rehabilitation International in its Charter for the Third Millennium. This charter asserts the imperative for disabled people to have their rights fully recognised and protected in a UN convention. Reference has been made to the inspiring debate held in July 2000 that was led by the noble Baroness, Lady Darcy de Knayth, which I have taken the opportunity to read. It was, indeed, the House at its best. It acknowledged the pivotal role played by my noble friend Lord Morris. Those who campaigned so long have the right to feel pride in the convention and, as the Charter for the Third Millennium states: "““In the 21st century, we must insist on the same human and civil rights for people with disabilities as for everyone else””." They are entitled now to press governments in the UK and around the world to make the aspiration a reality. I would like to take the opportunity to say that I will pass on the thanks that several noble Lords have expressed to my honourable friend Anne McGuire, the Minister. I am sure that she will take a keen interest in the debate. I am sure that the House shares our delight that the UK signed the convention on 30 March on the first day on which it was open for signature. As of today, there are 98 signatures to it. Now comes the critical phase of preparing for ratification. Both in the UK and internationally, an estimated 650 million disabled people now have a clear statement that they enjoy the same fundamental human rights as everyone else, and on an equal basis with everyone else. The importance of this cannot be over-estimated. There should be no doubt about the UK’s continued commitment to human rights for disabled people at home and abroad. The convention sets international standards for human rights, and it will be incumbent on the UN member states that ratify it to act consistently with its obligations when it comes into force. TheUK already has extensive legislation that outlaws discrimination against disabled people; yet it is undeniable that disabled people still face complex and diverse threats to their rights. Disabled people can too often be easily dismissed or undervalued. The Government’s pledge is that by 2025—within a generation—disabled people should have the same opportunities and choices as non-disabled people, and should be respected and included as equal members of society. Our strategy to realise this vision is built on a foundation of inalienable rights. The new convention will ensure that disabled people have the comprehensive framework needed to protect them from violations of their human rights. It also recognises the social model of disability, and will help us to tackle the environmental and attitudinal barriers faced by people with impairments and long-term health conditions. It is increasingly becoming the means by which the discourse on disability is carried out in this country and throughout the world. My noble friend Lord Ashley, the noble Baronesses, Lady Darcy de Knayth and Lady Wilkins, and the noble Lords, Lord Morris and Lord Taylor, asked when the UK will ratify the convention. Our intention, following signature of the convention, is to ratify it without undue delay. We will not ratify it, however, until we are satisfied that the UK’s law, policy, practice and procedures are compatible with its obligations. Noble Lords will be aware that the timetable for ratifying the convention is not entirely within the UK’s control, because we share competence in a number of areas with other members of the European Community that are also signatories to it. I stress that none of this should detract from our very real desire and commitment to ratify it as soon as we can. As for signing the optional protocol—a point pressed by the noble Lord, Lord Taylor, and others—our current policy is that we do not believe that there is a particular benefit in UK citizens having the right to make individual complaints to the UN committees that supervise human rights conventions. The opinions of these bodies are not judicial, and the bodies cannot award remedies against individual UN member states. There are also resource implications and costs for UN member states, which must be taken into account when allowing such access. However, as an experiment and in order to gain more empirical evidence on the merits of the right of individual petition under various UN conventions and treaties, the Government signed the optional protocol to the Convention on the Elimination of All Forms of Discrimination Against Women—CEDAW. We will review that experiment later this year. Noble Lords may be aware that the CEDAW committee has now issued decisions on both applications received that cover the UK, and the Ministry of Justice will now carry out a review of the experiment. We do not rule out acceding to the optional protocol for the disability convention, and we will consider this further during ratification. Several Members made a point about consultation. We have worked, and will continue to work, closely with disabled people and disability organisations. Only last week, we discussed the convention with Equality 2025: the UK Advisory Network on Disability Equality. We asked the new body how we might best disseminate knowledge of the convention to disabled people so that we can ensure that they are aware of the convention and what it means to them in day-to-day terms. We also asked it how we might involve it in monitoring the convention. The convention puts obligations on member states for disabled people to be involved in its implementation and monitoring, and we intend to fulfil these obligations. Around half the UN’s member states already have signed the convention. The Foreign and Commonwealth Office, the Department for International Development and the DWP will work together to encourage the remaining UN member states to sign and to ratify the convention. However, noble Lords will understand that the UK Government must be reluctant to comment on the decisions taken by states on whether to sign. Article 32 highlights the important role of international co-operation, including international development programmes in supporting national efforts to realise the rights of disabled people. DfID is committed to mainstreaming disability issues across our development programme. As was referred to, my noble friend Lady Morgan mentioned the last time this convention was discussed in this House that my honourable friend the Minister for Disabled People was to attend a conference on disability organised by Germany as part of its EU presidency on 11 and 12 June. The conference included expert academic speakers, representatives of UN organisations, politicians from Europe and the European disability NGOs, including the European Disability Forum. I am delighted to report that on 12 June in Berlin the Minister gave a well received closing address on continuing the European exchange on disability policy. She also met and discussed issues with her German and Portuguese opposite numbers. I understand that the presidency conclusions from that meeting will keep disability and the UN convention high on the European agenda for co-ordinated action among EU member states. Good progress is being made on analysing the compatibility of the convention with UK legislation, policy, practices and procedure. As noble Lords will appreciate this is a big task for our departments and the devolved administrations. At this time I can say that no changes are envisaged to the Disability Discrimination Act. Noble Lords will be aware that before ratification the convention will be laid as a Command Paper before both Houses for the opportunity for debate. The paper will also be forwarded to the Joint Committee on Human Rights for its consideration. We now have reached the stage where we must plan carefully for the promotion of the convention by seeking views and considering the best way forward. This is in advance of any obligations placed on us by the convention, particularly under Article 33(2), which we must remember is not yet in force. The convention will not be in force until 30 days after 20 UN members have ratified it, but around half of all UN member states have signed it, which is a strong indication of a commitment to ratification which we welcome and share. Our preparations include or have included ensuring a close working relationship at European level between member states. Noble Lords will wish to be aware of an independent website with UN convention information. We are updating our already existing ““easy read”” version of the convention, which we hope to share widely around the world via websites. We will continue to consult with Equality 2025 to get its views on how the UK can best approach the obligations of Article 33(2) in relation to the framework for promotion, protection and monitoring of the convention. My noble friend Lord Ashley and the noble Baronesses, Lady Darcy de Knayth and Lady Masham, and the noble Lord, Lord Taylor, raised the recent House of Lords’ judgment in relation to care homes. The Government are obviously disappointed by the House of Lords’ decision. It is a difficult issue, but it is also an important issue, which affects many older and vulnerable people. We are considering their Lordships’ opinions. Colleagues in the Ministry of Justice will work with their colleagues in the Department of Health. Furthermore, my noble friend Lady Ashton will meet the other interveners in the case very soon to start discussing the way forward.