Human rights watchdog ‘neutered’ by years of Tory appointments, say activists

Disabled activists have called on the new Labour government to reform the equality and human rights watchdog, after years of appointments of divisive figures to its board by Conservative ministers have left it “neutered” and unable to do its job.

The concerns were raised as the Equality and Human Rights Commission (EHRC) published its draft strategic plan for 2025-28.

Analysis by Disability News Service shows that more than half of the watchdog’s nine commissioners, including the chair, were appointed by Liz Truss when she was minister for women and equalities, before her disastrous and short-lived spell as prime minister.

Another two commissioners were appointed by Kemi Badenoch, another controversial figure from the right wing of the Conservative party.

Several of the appointments in recent years have proved controversial, including those of David Goodhart and Jessica Butcher, both appointed by Truss, and Alasdair Henderson, appointed by Penny Mordaunt.

The chair, Baroness [Kishwer] Falkner, who was also appointed by Truss, is another commissioner who has proved a divisive figure.

There are also questions over how much disability-related expertise the commission has been able to call on in preparing its draft strategic plan.

Under the Equality Act 2006, it must have a commissioner who is or has been a disabled person.

The watchdog appears to have one commissioner with a “long term disability”, but this is only mentioned in their declaration of interests, and they do not appear to publicly identify as a disabled person.

DNS asked EHRC this week for a comment on the strategic plan from this commissioner, but the watchdog had not responded by noon today (Thursday).

Last November, Disability News Service (DNS) reported how the commission struggled to explain why its major report on Britain’s “equality and human rights landscape” ignored key breaches of disabled people’s rights by the UK government.

Two years ago, DNS also reported how the watchdog secretly decided to scrap its committee of disabled advisers – its disability advisory committee – without attempting to consult on the move with disabled people and their organisations.

Mark Harrison, a member of the steering group of Reclaiming Our Futures Alliance, said he believed many of the commissioner appointments were made “to neuter the effectiveness of a human rights body”, and he questioned the credibility of commissioners appointed by Truss.

He called on the Labour government to replace them “with people who are committed to fighting for equality and human rights”.

Harrison also questioned the usefulness of a disabled commissioner who did not publicly self-identify as a disabled person or have a track record of fighting for disabled people’s human rights.

He said successive Conservative-led governments had an “appalling track record” on disability rights, including their refusal to accept recommendations made by the UN’s committee on the rights of disabled people, and treating that committee “with contempt”.

Another leading disabled activist, Rick Burgess, said there was no longer a “robust, functioning” watchdog, as it had been “deliberately sabotaged” by the last government, which was “literally anti the concept of human rights” and “engineered the commission in that image”.

He said: “The EHRC is hugely under-funded, compared to what it was.

“Even if it was full of good people, it still needs to be refunded to the point where it is functioning.

“It is not, at the moment, fit for purpose.”

He said the prime minister, Keir Starmer, “needs to reform the EHRC or we need a new organisation”.

The draft strategic plan sets out what the commission wants to achieve from 2025 to 2028.

It is now consulting on the draft plan until 3 October.

In addition to its core duties around equality and human rights, it plans to focus on the themes of work; participation and good relations; and justice and the balance of rights.

Among its possible priority areas around work, the draft plan mentions using EHRC’s powers to address pay and employment gaps for disabled people; workplace barriers for disabled people, including “issues related to reasonable adjustments”; and how automated recruitment processes and the increasing prevalence of home or hybrid working could risk discrimination or breaches of rights.

On participation and good relations, it suggests possible priorities such as the impact on disabled people of public services becoming “digital by default”; private sector organisations not having to meet website accessibility regulations; disabled people facing barriers to public transport; and the higher levels of school exclusions faced by disabled children.

On justice and “the balance of rights”, possible priorities include hate crime; the welfare and safety of women and girls in detention; and the risk to the right to protest caused by changes in legislation and policing.

Baroness Falkner said in a statement: “Our new three-year plan will make the best use of tight resources, focusing on those areas where we have responsibility to regulate or a unique offer to make.

“You have the chance to help shape the future of the Equality and Human Rights Commission and have your say on what our primary areas of focus should be.

“Our next strategic plan will be informed by the views shared in this consultation, by our assessment of data and evidence and by our extensive understanding of the equality and human rights challenges and opportunities facing people in Britain today.”

Picture: The government office block where EHRC has its London headquarters. Picture by Google

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