Labour government sidelines disabled people in first king’s speech

The first king’s speech of the new government has confirmed fears that Labour has no immediate plans to address the social care crisis or to take other decisive action on disability rights.

Although some of the new bills announced yesterday (Wednesday) included measures that could improve inclusive education, disabled people’s right to equal pay and – possibly – accessible transport and mental health, there was no reference to other critical barriers facing disabled people.

Despite the announcement of a new planning bill, there was no mention of any measures to address the accessible housing crisis, adding to the impression from the first few days of the Labour government that disabled adults are not near the top of its list of priorities.

But perhaps the most surprising element of the speech was that the government plans just one Department for Work and Pensions (DWP) bill over the next 12 to 18 months, and that will focus on pensions.

There was no mention of social security in the speech, with disabled recipients of benefits again left with no information on whether Labour plans to scrap the last government’s controversial reforms to personal independence payment and the work capability assessment, or address the urgent safeguarding concerns with universal credit (see separate story).

But some bills announced in the speech (pictured) will have an impact on disabled people.

Among the nearly 40 pieces of proposed legislation that were announced by the king yesterday (Wednesday) was a mental health bill for England and Wales, which a government briefing suggests will be based on a draft bill that was examined by MPs and peers under the last Conservative government.

Disabled campaigners called last year on the government to halt these reforms until there was a public inquiry into the “appalling failings, abuse and high levels of deaths” in mental health services across England.

But the king’s speech makes no mention of such an inquiry, instead promising to modernise the Mental Health Act 1983 “and make it fit for the 21st century so that patients have greater choice, autonomy, rights and support, and make sure all patients are treated with dignity and respect throughout their treatment”.

Although plans to modernise the act have been welcomed by many campaigners, the apparent intention to re-introduce the last government’s draft mental health bill has already sparked anger from one leading disabled activist.

Dorothy Gould, founder of the user-led, rights-based organisation Liberation, said: “It will be an utter disgrace if the Labour government implements the draft mental health bill in its current form, as the king’s speech indicates.

“Despite claimed ‘improvements’, the bill remains based on ill-founded concepts about risk, maintains a dominant medical model and, in complete breach of the UN Convention on the Rights of Persons with Disabilities, retains the disgraceful notion that people experiencing acute distress and trauma are entitled to fewer human rights than others.”

Questions are also likely to be asked about delays to the only other proposed legislation with a focus on disabled people.

The king’s speech stated that a bill to enshrine in law a “full right to equal pay for ethnic minorities and disabled people” – making it easier to bring equal pay claims – and to force larger employers across Britain to report on their disability and ethnicity pay gaps, would only be published in draft form.

This suggests the government wants to consult on the measures – possibly through a white paper – before publishing a final bill, which is sure to delay the introduction of any legislation.

But another bill could provide important new rights for disabled people.

The government plans to introduce what it calls a “Hillsborough law”, which could in future allow disabled people, and their families and allies, to hold DWP to account over actions and failings linked with deaths of disabled benefit claimants (see separate story).

Although the briefing did not mention DWP, the proposed bill would place a legal “duty of candour” on public servants and authorities and “address the unacceptable defensive culture prevalent across too much of the public sector”.

The government said the bill would improve “transparency and accountability” where there is “public investigation and scrutiny” of failures in delivering public services, and it would aim to reduce the “culture of defensiveness” in the public sector.

It said it would also help ensure that the “lack of candour” uncovered by reports such as those into the Hillsborough football stadium disaster and the infected blood scandal would not be repeated.

Such a duty of candour – honesty and openness – could be crucial in holding DWP to account, as the department has repeatedly misled public bodies and covered up evidence linking its actions to the deaths of countless disabled claimants.

The government said it would also act through the bill to improve assistance for bereaved families at inquests and public inquiries, so they can “fully participate” in those investigations.

Relatives of claimants who lost their lives due to DWP actions have often found themselves facing experienced barristers whose job is to defend the government, when trying to secure the truth at an inquest.

Elsewhere in the king’s speech, briefing notes on two rail bills – one of which will bring railways back into public ownership – each mentions how railways are “essential in ensuring reliable, affordable and accessible transport”.

The briefing on the railways bill, which would “create a unified and simplified rail system”, says the government would ensure the railways “deliver against six key objectives: reliable, affordable, efficient, quality, accessible and safe travel”.

An employment rights bill promises to establish a fair pay agreement for adult social care workers – the only substantial adult social care measure included in the king’s speech – but also to strengthen statutory sick pay and extend the right to flexible working.

And a children’s wellbeing bill would require all schools in England to co-operate with local authorities on the inclusion of disabled children, while an English devolution bill would give local leaders “enhanced powers” over the provision of employment support.

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