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6.49 pm

Mr. Harry Barnes (North-East Derbyshire): I hope that it goes without saying that the House would expect me to support this measure and to believe that this is an important day to celebrate. It is a stage on the road to the objective of full civil rights for disabled people and it is, therefore, strongly to be welcomed.

The Liberal Democrat spokesman, the hon. Member for Winchester (Mr. Oaten), attacked the yah-boo approach to this subject that has prevailed in the past. Although I accept that a lot of yah-boo politics and trivial point scoring take place in the Commons, I am in favour of a strong debate taking place, particularly on this subject. Had we not had as much outside campaigning and as many arguments from the previous Government about this issue, as well as a distinction between the principles involved, we would not have reached this point. Had the measure been sorted out by men and women of good will sitting around a table, we would not have achieved this sort of legislation and would not have tested out each others' ideas in quite the same way.

The strength of the ideas expressed by Labour Members, with the support of the Liberal Democrats, prevailed after the tussle with those who had other ideas. I was pleased that the hon. Member for Gainsborough (Mr. Leigh) spoke, because I remember some of the tussles with him. The views that he expressed today showed that, fundamentally, he still has the same attitude. It is important to have that honourable dispute in developing different positions.

When I introduced my version of the Civil Rights (Disabled Persons) Bill, which was a private Member's Bill, the hon. Member for Gainsborough spoke against it because he was worried about intrusive regulation. He now hopes that the operation of the changes will be benign, but in the past he expressed great fears that legislation of this type would not be benign. I remember pointing out that his arguments were against the Disability Discrimination Bill, which was going through the House at the same time. To judge by the look that he gave and his response on that occasion, and despite the fact that he was using the Disability Discrimination Bill to argue against the measure that I was proposing, he recognised that that was what motivated him.

We all benefit from such argument. John Stuart Mill once said, perhaps in a slightly sexist way, that he who knows only his own side of the argument knows little. Our argument was certainly developed considerably as a result of coming into conflict with the views of people with differing attitudes. One person who had a strongly differing attitude on this matter was the Leader of the Opposition. In the period to which I refer, two Bills

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were in competition with each other: the Disability Discrimination Bill and the Civil Rights (Disabled Persons) Bill. I am convinced that we would not have secured the Disability Discrimination Act 1995 if, the preceding year, the Bill proposed by my hon. Friend the Member for Kingswood (Mr. Berry) had not been scuppered with a great deal of blood and heated yah-boo on the Floor of the House.

I then picked up the baton and ran my hon. Friend's measure. The techniques that were used against my Bill were different from those that had been used against his. It was a rival measure, while the blocking of the Civil Rights (Disabled Persons) Bill took place essentially in Committee with attempts to stop it getting back to the Floor of the House. The person who carried out those opposition techniques almost single handedly in Committee was the Leader of the Opposition.

Having talked to a Conservative Member who is now a Labour Member, the Minister for the Arts, my hon. Friend the Member for Newport, East (Mr. Howarth), I found out which Conservative Members to ask to join us. Most Conservatives and others sat on my side of the Committee and the Leader of the Opposition was often almost alone in battling for his position. He had to engage in all the filibustering on the amendments and would agree to the Bill's coming out of Committee only when nothing could be done with it. We had only 32 minutes on the Floor of the House in which to take about 108 amendments. The Leader of the Opposition gained promotion partly as a result of the role that he played in scuppering civil rights for disabled people.

I was pleased to hear the Minister say on Second Reading that civil rights for disabled people are on the agenda in the future and that we are moving in that direction. I welcome the fact that in the debate on the Queen's Speech the Leader of the Opposition immediately expressed support for the measure before us today. That, however, is a significant change and it comes about as a result of the nature of politics in this country. Those politics sometimes take place on the Floor of the House in the form of strong debate and dialectic argument, which help to produce the situation in which we find ourselves today. I am therefore keen that that sort of yah-boo should continue to take place. There was a sign of it in coded language in the speech of the hon. Member for Gainsborough.

Although we have had an interesting discussion on this Bill, it has been a little too cosy. One often needs arguments to be propounded that challenge one's own ideas, so that those can be improved. The ideas in the Bill have been challenged so much in the past that they are sufficiently well shaped and we did not need the disputes that we have had in the past. I welcome the fact that we have reached this stage and, like all good campaigners, I look forward to the next one.

6.57 pm

Mr. Andrew Smith: By leave of the House, I shall respond as briefly as possible to some of the points made in the debate.

First, may I welcome again the positive and generally constructive spirit that has prevailed? The hon. Member

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for Daventry (Mr. Boswell) asked about resources. We are satisfied that the commission will be adequately resourced. We have looked at the experience of the Equal Opportunities Commission and the Commission for Racial Equality. The hon. Member for Winchester (Mr. Oaten) said that we needed to monitor the resourcing. It will be monitored and kept under review. It is generally accepted, however, that the £3 million start-up cost and the £11 million annual budget that we have provided for should be adequate.

The hon. Member for Daventry also said that we should be careful to ensure that the big stick was used only where necessary, and the hon. Member for Mid-Worcestershire (Mr. Luff) made comments in a similar vein. Although the statutory enforcement powers in the Bill are a last resort, it is necessary to have them to ensure that the law is complied with. The Bill is about ensuring that disabled people have rights not only in theory but in practice.

Obviously, we expect this legislation and the proceedings of the commission to work in a business- friendly way. Equally, we expect business to work in a disabled-friendly way. That is part of the general shift in culture to which a number of hon. Members referred.

I echo what the hon. Member for Daventry said about the importance, when it comes to litigation, of bearing in mind the circumstances of the parties likely to be involved. In terms of proceedings on investigations by the Disability Rights Commission, there will be a requirement, where appropriate, to have timetabling of those proceedings, which will offer a safeguard against the delays which the hon. Gentleman rightly said would be unacceptable.

I thank my hon. Friend the Member for Kingswood (Mr. Berry) very much for his kind remarks and for those of the all-party disablement group. As others have said, if my hon. Friend had not promoted his Bill in the previous Parliament, followed in similar vein by my hon. Friend the Member for North-East Derbyshire (Mr. Barnes), we would not be here today establishing the Disability Rights Commission. They deserve tributes, together with Alf Morris, Jack Ashley and others.

The hon. Member for Winchester asked whether written agreements would be made public. As is evident from my answer on Second Reading, I share his instinct for openness, but we have seen how that could be counter-productive. There is no statutory requirement for a public register of agreements or for written agreements to be kept private. It will be for the DRC and the organisation concerned to discuss when reaching the agreement whether it should be made public and under what circumstances. That is only common sense, because we do not want an organisation to refuse to enter into an agreement that would be in the interests of disabled people because it would be made public.

The hon. Gentleman also referred to anticipated discrimination. It will be open to the commission to make recommendations for further legislative enhancements of the rights of disabled people or their enforcement. That covers the circumstances that he referred to.

The hon. Member for Gainsborough (Mr. Leigh) hoped that we would not think him churlish in expressing

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caution and an incomplete conversion to the Bill. I hope that I do not sound churlish when I say that he sounded churlish, but as my hon. Friend the Member for North-East Derbyshire pointed out, it does no harm for such matters to be tested in debate. Out of the fire of the debate in the previous Parliament we have tempered a sensible proposal for the commission. The hon. Gentleman may have been unhelpful to his present leader by reminding the House of his previous position on the issue. However, we welcome all converts to the Bill, whatever their attitude before.

My hon. Friend the Member for High Peak (Mr. Levitt) made a good point about awareness, which answered some of the reservations of the hon. Members for Gainsborough and for Mid-Worcestershire. The B and Q example shows that with a thoroughgoing approach to disabled people's rights an employer can not only recruit the best employee for the job, but offer the best service to the whole range of customers. There is a commercial imperative as well as a moral one behind rights for disabled people. By working with employers, the commission will be helping the business case for equality as well as the ethical and moral case.

I hope that the Bill will gain a Third Reading with the unanimous support of the House. We should remember that the commission is not the end, but a very important means to the end. As my hon. Friend the Member for Blackpool, South (Mr. Marsden) said, it will be a spur to cultural change and an empowering device as well as a source of advice and a means of redress. The practical benefits in the lives of disabled people and all of us that will result from the establishment of the commission will be its real achievement. We shall all benefit from the cultural change and empowerment of which the commission is an instrument.

The unanimity and enthusiasm in the House for the establishment of the commission is great to see. As well as all that it will be able to achieve through consensus and discussion, we should bear in mind the fact that the commission will sometimes have to take tough and perhaps controversial decisions. I hope that it enjoys the same consensus and enthusiasm when it has to do that, because that will be the test of making a reality of disabled people's rights.

Given the extent of support in Parliament and among the public as the Bill moves to a Third Reading, the commission will get off to a good start. It is a milestone in advancing disabled people's rights. It is time to move past that milestone towards a better future in the lives of disabled people and us all.

Question put and agreed to.

Bill accordingly read the Third time, and passed, with amendments.


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