Disabled Persons (Independent Living) Bill [HL]

My Lords, having not been able for one reason or another to support the noble Lord’s Bill on any of its previous appearances in your Lordships' House, it gives me great pleasure to do so today. The noble Lord, Lord Ashley, is a figure of unique stature and unrivalled authority in the disability field and it is a particular pleasure to see him here today in such good form. As others have remarked, his persistence is admirable and what he has to say is rightly accorded the highest respect. Like the noble Baroness, Lady Wilkins, I hope that he will not have to wait as long as those who framed the disability discrimination legislation in the 1980s and 1990s for his ideas to be fully taken up and implemented by the Government. The first clause of the Bill states: ""The purpose of this Act is to ensure that disabled persons enjoy the same choice, freedom, dignity, control and substantive opportunities as persons who are not disabled at home, at work, and as members of the community"." It is hugely concerning that such a statement still needs to be made after the legislative achievements of the past few decades. The United Kingdom is widely hailed as having some of the most advanced anti-discrimination legislation in the world, yet here we are, having to assert once again that disabled people should enjoy the same rights and freedoms as everyone else. Is this really necessary? I fear it is and that, as has been movingly attested by other noble Lords, despite the achievements of the noble Lord, Lord Ashley, and other distinguished Members of this House, this Bill is correct in its analysis of the current situation and in its provisions to address that. However, we have to make the point not only that legislation is important, but that its full and complete implementation is absolutely critical if the rights which it contains are to be delivered. We have heard from other noble Lords about the importance of a national independent living strategy, the need for it to be properly resourced, and the role it can play in drawing together current provision and making new provision where none exists. Clause 4 calls for such a strategy to include an economic plan and a framework to deliver the strategy and, most importantly, to involve disabled people, their carers and advocates, the voluntary sector and professionals in the development of the strategy. Clause 5 places general and specific duties on the NHS and local authorities to promote independent living. The duties in Clauses 6 and 7 would make independent living a reality by obliging local authorities to meet the needs of disabled people by enabling their access to front-line services, personal budgets and employment. The NHS will also have to take greater steps to involve disabled people and provide an appropriate and sufficient range of services. We all know the importance of co-operation between agencies and organisations. I was pleased to hear the noble Lord, Lord Ashley, highlighting the importance of that in his presentation of the Bill. I am, therefore, particularly pleased that Clause 8 will support local authorities and the NHS in working together alongside key partners to promote independent living. One of the biggest challenges in supporting independent living is in identifying disabled people. It is perhaps a sign of the insufficient importance with which independent living and, in a wider sense, disability in general are regarded that so little relevant information is collected and maintained by the many arms of government. We often hear that we live in an information age. If that is true, what can explain the lack of information on the numbers of disabled people, their impairments and their needs? How can we provide services that meet the needs of disabled people if we do not have accurate information about them and their aspirations? They should be able to access education, employment and the full range of cultural and social opportunities available to non-disabled people? However, if disabled people are to be able to take advantage of such opportunities, what they want has to be identified, and public and private organisations need to include disabled people in their planning and operations. I am dismayed at how often in discussions with government and other organisations it is still necessary to point out that disability monitoring and data collection is an essential prerequisite to ensuring equality, inclusivity and access. This Bill should help to remedy some of these deficiencies. It is the question of accessibility that I know best and to which I wish to devote the rest of my remarks. Like many disabled people, I welcome the Disability Discrimination Act as a piece of legislation which creates obligations not to discriminate against disabled people, and places requirements on employers and service providers to make reasonable adjustments to meet their needs. Long lead times were set for organisations to comply, but many of them, most vexingly in the public sector—including the NHS, local government, schools, colleges and universities—fail to make their services fully accessible. The discussion of access all too often focuses on a rather narrow conception of it purely in terms of the physical environment. The difficulties caused by steps, poor paving, inadequate lighting, badly marked or badly delineated routes and pathways, narrow doorways and inaccessible washroom facilities are important issues; but access is not just a physical challenge or about negotiating physical barriers, it is about being able to access information and services independently—in some cases with personal support to increase independence. As a blind person, I read Braille; my notes here are in Braille. But, unfortunately, I cannot get a council tax bill, a doctor’s appointment or a bus timetable in Braille. Young people in our schools cannot get text books in accessible formats. Benefit letters do not come in Braille, nor do letters with other personal, even medical, information. Even Bills published in this House are not readily accessible. The staff in my office recently approached 22 local authorities and asked in which accessible formats they could provide information for blind or partially sighted people. Only two out of 22—I repeat, only two—had frontline staff who knew the relevant information. Most local authorities could provide large-print versions of information on request, but more than a third did not provide Braille or audio versions for people who could not read print. In a society where we expect people to participate in the democratic process, be active citizens, use new technology to access services, not miss hospital appointments, succeed in education and gain employment, we still too often make it, in the words of the Disability Discrimination Act, "impossible or unreasonably difficult" to do so for people who cannot engage by the normal method of reading print. Making services and information accessible is a legal requirement under the DDA. Yet, the public sector still too often fails to meet these obligations. One solution, using the DDA, might be to take every public authority to court until they finally took their obligations seriously. The other solution is to embrace the provisions of this Bill to create a clear and unequivocal responsibility to make all information and services accessible to disabled people by whatever means necessary. I welcome this Bill and wish it well as it makes its way through your Lordships’ House. I have an interest in this legislation, not only in my personal capacity but in my capacity as chairman of the Royal National Institute of Blind People. In both capacities, I offer the Bill my wholehearted support.