Memorandum submitted by DWP
Confirm in more detail the steps taken by Government
to consult on their proposals for reservations or interpretative
declarations, including which persons or groups were consulted
and when, and the substance and outcomes of any of these consultation
exercises. It would be particularly helpful if you could identify
which disabled people or disabled people's organisations were
consulted, when they were consulted and what they were asked,
and what their responses were.
If consultation was limited to Equality 2025,
I would be grateful if you could confirm what steps were taken
to consult Equality 2025 and the outcome of that consultation.
For example, was Equality 2025 asked to consider specific proposals
for any reservations or interpretative declarations and if so,
what was their response?
1. Further to Jonathan Shaw's appearance before
the JCHR on 18th November, you have requested further information
about discussions with disabled people about the proposals for
reservations and interpretative declarations in respect of the
UN Convention on the Rights of Disabled People. I note that in
referring to the Minister's evidence to the Committee you suggest
that the Minister told the Committee that the Department had consulted
disabled people and their organisations on progress towards ratification
of the Convention, and possible reservations or interpretative
declarations including through consultation through Equality 2025.
On a point of clarification, the terms the Minister used throughout
his evidence were discussed/discussions. Your use of the terms
consult/consultation implies formal consultation procedures.
2. Engagement with organisations of and for
disabled people has taken place in a variety of forms as work
on ratification has progressed.
3. Prior to Anne McGuire's Parliamentary Statement
on 6th May 2008, discussions about ratification were broad updates
in the course of various general meetings that the Minister and
officials had with organisations of and for disabled people, and
with Equality 2025.
4. Anne McGuire's statement was circulated to
a number of organisations of and for disabled people, the EHRC
and Equality 2025, providing them with information which they
could follow up if they chose.
5. Subsequently Equality 2025 requested meetings
with a number of Departments and members of Equality 2025 met
official/s from: the Ministry of Defence (MOD) on 23rd June; the
Department for Children, Schools and Families (DCSF) on 2nd July;
and the Home Office on 23rd July specifically to discuss their
proposed reservations and the reasons for them.
6. The outcome of these meetings was that:
a. Ministry of Defence agreed that it would discuss
the wording of its proposed reservation with ODI and consider
ways of presenting it to explain clearly the policy rationale
behind the position adopted.
b. Equality 2025 would provide DCSF with advice
about the proposed education reservation and provide a form of
words for an interpretative declaration. Following the meeting
with DCSF, members of EQ2025 met the Council for Disabled Children
(see paragraph 10 below) and SCOPE and, offered a form of words
to DCSF.
c. ODI forwarded the text of the proposed Home
Office reservation and interpretative declaration to Equality
2025 on 24th July for its consideration and provide comments if
appropriate.
7. Equality 2025 also met an official from the
Department of Health (DH) on 24th June to discuss compatibility
issues relating to the treatment of people with mental health
conditions which that Department was then considering. It was
agreed that Equality 2025 would have further meetings with DH
if that Department concluded that there was a need for reservations/interpretative
declarations. As the Committee will be aware, DH has concluded
that a reservation or interpretative declaration is not necessary.
8. Following Anne McGuire's statement, ODI officials
had meetings (at the request of those organisations) with Disability
Action (in Northern Ireland) on 25th June and with SCOPE on 2nd
September. At both these meetings Mrs McGuire's statement was
discussed in detail.
9. At a meeting with organisations for disabled
people on 26th June 2008, when the UN convention was one of six
items on the agenda Mrs McGuire and officials outlined the position
with regard ratification and referred to some of the possible
reservations and interpretive declarations being sought by eg
the Ministry of Defence and DCSF, and the principle of progressive
realisation. The group asked whether there was anything that they
could do to help progress things and the Minister suggested they
might like to talk to some of the Departments which were considering
reservations or declarations. Organisations attending that meeting
were Leonard Cheshire, MENCAP, MIND, RADAR, RNIB, RNID, and SCOPE.
10. Jonathan Shaw had a meeting with organisations
of disabled people on 29 October 2008, when the Convention was
one of three items on the agenda. In that discussion the group
expressed their concerns relating to UK ratification of the Convention.
Organisations which attended the meeting were Disability Awareness
in Action, the Alliance for Inclusive Education, UK Disabled Peoples
Council (UKDPC), National Centre for Independent Living (NCIL),
Spinal Injuries Association, People First and the UK Advocacy
Network.
11. DCSF has regular meetings with the Council
for Disabled Children (CDC), and has discussed its proposed reservation/interpretative
declaration with that body as well as with Equality 2025. The
Convention was discussed in general terms at DCSF's meeting with
the CDC on 8th July 2008 and following that meeting the CDC sent
DCSF a revised form of wording. Organisations which attended the
8th July meeting were: Afasic; Alliance for Inclusive Education;
Association of Educational Psychologists; Barnardo's; The Children's
Society; The Children's Trust; Council for Disabled Children;
EDCM; Kids; NAS; NDCS; Out and About; a Parent representative;
Scope; SEBDA; Standing Commission on Carers; Sunfield School;
Together for Disabled Children; and TreeHouse.
12. The ODI has had, and continues to maintain,
information about the Convention, and progress towards ratification
on its public website.
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