Speaker's Conference (on Parliamentary Representation) Contents


Submission from Dominic McDevitt LLB (Hons), LLM (Merit) (SC-77)

  Almost invisible observations on the under-representation people with disabilities in Parliament a report by a person with a disability (A personal perspective).

INTRODUCTION

  In this document I seek to examine the issue of the under-representation of people with disabilities in the House of Commons and in political life. I should point out from the outset that this document is seeking to put across the situation as I see it, based on my experience as an observer, and a person with a disability who for the past 15 years has been campaigning for full Civil Rights and disability equality since 1994, at the age of 14.

  Much of the issue surrounding why people with disabilities continue to be considerably under-represented in Parliament rests, in my opinion, on how disability has been, and to a large extent, continues to be, seen in society. There continues to be a massive stigma where disability is concerned.

  An argument which might be put forward by some when considering the issue of disability being under-represented in Parliament is that those of us with disabilities are not a homogeneous group within society. This would be correct. Disability does not respect class or social boundaries, disability can affect anyone regardless of their walk of life, ethnic or cultural background. It would be my contention that this serves as an argument for why there needs to be more people who have a direct personal experience, through having a disability, elected or at least be in contention to be elected to Parliament.

  To some extent, it is even possible to argue that there is a difference in experience between how society treats a person who is born with a disability and a person who acquires impairment later in their adult life. The fact is though that the barriers are very similar and very real and often boil down to what might be described as an anti-disability sentiment. In my experience, people are still, despite all the apparent legislation and symbols that are supposed to be "Positive about disabled People",[187] willing to focus on what a person cannot do rather than what they can. In selecting candidates who have a disability political parties have an opportunity to take the lead and, to borrow a Government advertising slogan "See the person Not the disability".[188]

  Despite much rhetoric, the situation has only slightly improved. There remains a very negative, patronizing and in some cases ignorant and downright bigoted approach to people with disabilities in this country. A starting point can be seen from the way political parties appear to approach disability issues. All too often those of us with disabilities are talked about, as if we are a 'problem' that needs to be addressed rather than talked too and engaged by politicians of all Parties regardless of what colour the party is, whether it be right or left, in order to address the every day problems we face. If politicians and Parties made the effort to break with the patronising approach they often adopt about disability, they would themselves find that people with disabilities have constructive suggestions and have a lot to offer society. The paternal attitude of the past should be moved away from and be consigned to the past. It would be a great step forward to see Parties at Westminster have disability spokespeople who were themselves disabled people.

  Political parties often seem to fall back on out dated stereotypes and prejudices, if they even bother to acknowledge that people with disabilities are even there at all. In some instances it could be said, that in an effort to pander to the chosen demographic[189] that the Party is seeking to reach, they use the media to stoke a negative picture of people with disabilities.[190] When politicians and the media are allowing a negative picture of people with disabilities to be painted it can only reinforce prejudice and bigotry towards people who have a disability. This in turn makes it difficult for people to want to be involved in political public life.

  Speaking from personal experience, it is very frustrating to only hear disability discussed in terms of benefits or in terms of needing care. One is often left feeling as if, because one was born with a disability, one is part of an under-class, the detritus of humanity. The impact of this is a great deal of anger and frustration with the result that one feels disillusioned with politics and the process and is left alienated. In short, there appears to be a culture of low expectation surrounding those of us with disabilities.[191]

  The second point which needs to be observed about the impact of the negative attitude and portrayal of disability in society which politicians sadly, seem to have had a hand in for too long is that such a negative attitude becomes ingrained in the public mind which would make it difficult for a disabled candidate to stand for election even if they wanted to as there would perhaps be less chance that they would win.

  An example I can point to from my own personal experience which gives the essence of the point I am trying to make here can be seen from a conversation I had recently with an 'able-bodied' person regarding the lack of inclusion of people like me on television programmes such as the BBC's The Apprentice. When I posed the question: I wonder why you never see a person like me as a candidate on shows like this? The individual replied: "…people like you don't make very good television". I feel this illustrates the stigma and prejudice towards people with disabilities very well.

  A further illustration of the approach taken by what could be described as an anti-disability society can be seen from the Caroline Gooding, in her book,[192] she observes:

    "… The pervasive equation of disability with incapacity has meant… the inferior economic and social conditions of disabled people were seen as the natural consequences of their physical and mental 'impairments'. In this view treating disabled people differently is not the result of discrimination but the result of their 'special needs' because of their differences from the 'normal', able-bodied population. This treatment is seen as charitable, for their own good'. Disabled people are challenging this interpretation: 'In our view it is society which disables… impaired people. Disability is something which is imposed on top of our impairments by the way in which we are unnecessarily isolated and excluded from full participation in society '…A dichotomy is…' set up between 'the able-bodied' and 'the disabled' who don't".

  If things are to move on then it is important that the attitude changes. The time for talk is past, what must happen now is action. The change which has been promised has to be backed up with the political will to make it a reality. The Speaker's Conference on the under-representation of minorities, which thankfully includes a recognition of the under representation of people with disabilities in Parliament and the political public life of this nation, represents a significant stepping stone to the way forward. Not least because people with disabilities have been traditionally ignored when this type of issue has been discussed.

  It is of vital importance, if people with disabilities are to have their representation in politics improved, that we alter the attitude to disability in society and stop stigmatising people simply for being disabled. Without doubt there is still a mountain left to climb. As the chairman of the Commission for Equality and Human Rights, Mr Trevor Phillips said:[193]

    "… It would be inspiring to think that the actions taken by this group of Parliamentarians today could pave the way for real change in British politics.. .Sizable barriers remain for candidates from different backgrounds. It 's still too difficult to gain admittance to the dusty old gentleman 's club called Parliament…".

  The difficulties people with disabilities face in this arena are also illustrated by the disability press. In an editorial in Disability Now, they stated:[194]

    "…The facts in the broader context speak for themselves. Disabled people are woefully under-represented not just in government but across the Westminster village. How many disabled candidates will each of the main parties put up at the next general election? But most importantly, at that election, how many disabled people will be denied the right to vote, disenfranchised by a system which institutionally continues to exclude and discriminate against us".

  It is unfortunate and a very sobering thought that this is the stark situation which many disabled people see and illustrates just how much of a mountain that there is still for people with disabilities to climb before, we can take our rightful place, in truly representative, democratic institutions.

  Perhaps now, with the opportunity presented by the Speaker's Conference, we stand at the entrance of new possibilities.

BACKGROUND

  When looking at the issue of the under-representation of people who have disabilities in Parliament it is important to consider the background to this. It is undeniable that the situation facing people with disabilities has improved, particularly since the late 1990s.

  However it is also undeniable that people with disabilities have lagged behind other groups in terms of getting the discrimination to which we are subjected, addressed. This in my view and indeed, my personal experience has been due to the negative attitude in society about and towards disability. The slow pace of change has not helped. One only needs to look at the key dates for equality laws in the UK, the Sex Discrimination Act and Race Relations Act were both introduced in the 1970s whereas we had to wait a further 20 years for legislation to tackle disability discrimination.

  In 1997 the Government established the Disability Rights Taskforce to advise on how to tackle disability discrimination and move forward on Civil Rights. This was a welcome and important step along the road.

  In their Report,[195] they made a number of recommendations across a wide spectrum of issues and areas of life but the report also highlighted, by way of a case study an issue of significance to the matter of the under-representation of people with disabilities in political life. The report observed:[196]

    "…Recommendation 6.10  On coverage of private clubs should include political parties within civil rights legislation. This should assist disabled members of political parties in putting themselves forward as candidates and participating fully in their party's activities. Although recommendations to political parties are outside our remit, we were concerned with the following case …Case Study… 'I have been very hurt and upset by some of the councillors not thinking about what they are saying. I have come across one councillor who knocked on the door and asked for my parents. And I was saying no, they are not in but I am here, I can vote, I can tell you… Before I opened, my mouth she was halfway down the path and I heard her say "we don't talk to people like her, she doesn't know what she is talking about". I can honestly say those were her words. I would like to see disability awareness training for politicians. I want to remind them that just because we have a speech impediment we still have views that are useful'.

    It would be in the interests of political parties to ensure those canvassing are aware of disability issues…".

  The above quote illustrates the situation well although this is now nearly 10 years old.

  Where the Taskforce report addresses participation in public life, the issues addressed seem to focus on the basic issues such as voting or involvement as local councillors.[197] Improvements have been made by the Government in the area of voting, an example is the Representation of the People Act (2000). It is interesting to note what they said in their response to the Taskforce Report, which although it comes under a separate aspect, it may have a bearing on this issue. In their response, in relation to protecting disabled councillors from discrimination the Government said:

    "… when legislative time allows we will ensure that the following are protected from disability discrimination.., members of county, district and London borough councils…".[198]

  This was addressed in the Disability Discrimination Act (2005). From this then it can be seen that some ground work has been done which may be useful in seeking to promote opportunity for those of us with disabilities to become more engaged with political life and help address the under-representation of people with disabilities in Parliament. It is, without doubt a well trodden path, from the Council Chamber to the Chamber of the House of Commons. While it is important of course, to get more people with disabilities voting in elections, it does illustrate the point that if it took until 2000, for this issue to be resolved,[199] how long a road it is going to be before there are more people with disabilities in Parliament.

  What needs to happen is for Parties to encourage more people with disabilities to be considered as candidates. It is also worth mentioning here that the duty on Public sector organisations,[200] to promote equality of opportunity for people with disabilities across all their functions, could have a role in helping encourage people as well.

  The more people with disabilities see the issues that effect them being considered and taken seriously, the more they are likely to become interested in the political process.

  In their 2005 report The Prime Minister's Strategy Unit said:[201]

    "…Many disabled people still have a poor quality of life, and are too often rendered dependant benefits and care services by the attitudes and approaches of others. This lack of independence undermines disabled people 's equality and rights as citizen 's, sometimes this is a result of direct discrimination… More insidious is indirect discrimination, including institutional cultures that assume disabled people have less to offer than non-disabled people, or which fail to include disabled people…".

  This seems to acknowledge the frustrating position that confronts people with disabilities. It also serves as a clear illustration of what needs to change.

OBSERVATIONS ON THE WAY FORWARD

  It is very important that political parties become catalysts for the change that is needed to get more people with disabilities involved. If the attitude change, mentioned above filtered down, and came across to people with disabilities, then they are more likely to want to pursue ambitions involving seeking elected office. The law has been strengthened in terms of protection for disabled councillors and in view of this and alongside this, it is also important for people with disabilities to work towards being active in their communities for example, being campaigners, so that they would have a record which would reflect well on them if they were later to seek election as a Member of Parliament.

  Although it is not the key issue of the report, an issue that does need to be touched on here is the fact that people with disabilities are widely under-represented in today's modern workplace. The Government admit in their document:[202]

    "… While a combination of laws and wider action has brought us a long way over the past 40 years, inequality and discrimination persist today. Even in the 21 century…achieving greater equality is still an issue … unless we step up progress disabled people will probably never get the same job prospects…".[203]

  At first glance, one may wonder how the under-representation of people who are disabled in employment directly has an impact on the under-representation of people with disabilities in politics and Parliament. However, if one, were to take a general look at the make up of the current House of Commons, one would see a large majority of Members have come from professions, particularly, the law.[204] This is, perhaps due at least in part to the fact that, many of the skills used by those in the legal profession are those which should be, and need to be employed by Members of Parliament as they represent the interests of their constituents. An example would be advocacy and research.[205] It is undeniable, that just as it is a well trodden road to get to Parliament from the chamber of the council (as was acknowledged above), it is a well trodden path to get to Parliament following some work in the law or other professional capacity.

  Yet again however, the issue of a negative attitude to disability shows itself. People with disabilities are very much under-represented in the field of law and other professions. If more doors were opened up which lead to career paths for people who are disabled, then in turn, there would perhaps be more disabled Parliamentary Candidates.[206]

  An increase in the number of people with disabilities working in these professions would help in showing disability in a positive light, which would lessen the stigma of disability and in turn, improve the chances of there being more people with disabilities being successfully elected.

  The idea of equality is that no one group is placed above another in a hierarchy of importance, but it could be said that the current Equality Bill runs the risk of creating a hierarchy. In the Government document:[207]

    "…It is important to ensure that Parliament and our other democratic institutions properly reflect the make-up of our society, including women as well as men and people from ethnic minorities……having more representative elected bodies ensures that our political institutions better understand and reflect the society they serve…".

  In view of the above quote it is a great shame indeed that those of us with disabilities are completely ignored in the section of the consultation document that deals with political candidates. This appears to be a form of discrimination in itself.[208] The important question that needs to be asked is that: If it is important that elected institutions reflect the society they are meant to serve: Why are people with disabilities being ignored are they not part of society? By ignoring people with disabilities, in this blatant way the government appear to be reinforcing the negative attitudes they themselves claim to be committed to opposing.

  As has been highlighted above, the majority of the changes of electoral law that have been made seem to have only concerned the facilitation of the act of voting by people with disabilities. In ignoring the issue of the under-representation of people with disabilities as candidates and only focusing the issue, in the consultation document, in terms of ethnic minority and women candidates in the way it does, it appears to be sending out the message that people with disabilities are to be ignored as candidates and should only be included so they can take part in the vote. In other words, the votes of people with disabilities are wanted but those with disabilities do not appear to be wanted as candidates.

  In their response to the consultation document on the Equality Bill,[209] the Government state:[210]

    "… It is important that Parliament and our other democratic institutions properly reflect the make-up of our society, including women as well as men and people from ethnic minorities…, having more representative elected bodies ensures that our political institutions better understand and reflect the society they serve. Only 19% of MPs are women, and only 2.3% are from non-white backgrounds…".[211]

  Yet again, the issue of those of us with disabilities appears to be being ignored, there is no mention of the percentage of those in Parliament with disabilities, but yet again the admission is made that in order to understand and serve society well, elected bodies need to reflect the make up of that same society.[212] When one reads this part of the document, one could perhaps be forgiven for thinking that people who have a disability are invisible or do not count as part of society that Parliament needs to be interested in representing. If people with disabilities are as the Government claims, entitled to be: "…respected and included as equal members of society…"[213] then it is surely an error to ignore people who have disabilities in this way.

  Moreover, in the response to the consultation on the Equality Bill[214] the Government acknowledges that:

    "…The great majority (more than 90 per cent) of the nearly 150 respondents on the issue of women-only shortlists agreed that the existing provision should be extended… A number of respondents wanted similar provisions for all equality groups[215] … they further stated:

    "… The great majority (more than 90 per cent) of the nearly 150 respondents on the issue of widening existing voluntary measures to increase representation of other under-represented groups in Parliament, agreed with it. This was particularly the case in the responses from groups representing disabled people…".[216]

  A dichotomy appears between gender as a group and the rest of the under-represented groups. People with disabilities are hardly ever being so much as mentioned at all. The Government illustrates this where they say:

    "…We have decided not to legislate at this stage to allow for Black and Minority Ethnic-only shortlists, or to provide similar measures beyond gender… we will introduce in the Equality Bill specific positive action provisions for political parties to use across all protected grounds , similar to those… in the Sex Discrimination Act but excluding the shortlists provisions…".[217]

  It is a great shame that the Government feels the need to give favour to one group over another by allowing only women the luxury of statutory protection. This clearly undermines the principle of equality and could be said to be instituting a double standard.

  Those who oppose including disability in a statutory framework to address their under-representation in Parliament, might be tempted to advance the argument that some may not classify themselves as being people with disabilities. This is however something of a flawed argument on the basis that the law has to define disability in the context of an employment tribunal or a case under the Goods and Services Provisions of the Disability Discrimination Act, and so, it should be possible to define disability for the context of increasing representation in Parliament.

  In view of the fact it would appear that people with disabilities are deliberately being placed at a disadvantage in terms of the opportunities that would be open in order to improve, both the numbers of people with disabilities who are elected representatives and also how disability is understood and recognised in these political institutions, one idea which may help could be to introduce a Parliamentary Internship Programme specifically for people with disabilities.

  A Parliamentary internship programme could have the potential to be a powerful tool in helping to address some of the issues I have sought to highlight in this report.[218]

    — An internship scheme could help improve the attitude of current MPs towards disability and bring the issue of disability away from the margins.

    — Help address the 'stigma' surrounding disability in public life An internship scheme would help tackle apathy towards politics and show people who have disabilities that the political system was worth becoming engaged in and could encourage more people with disabilities to become involved.

    — An internship scheme would also provide valuable work experience opportunities, which in turn would help combat the culture of low expectation which has all too often surrounded disability and may also help open doors to other professions that are slow to accept disability.

  An internship programme could perhaps be arranged at two stages, catching young people with disabilities at key cross-roads times in their education. For example a scheme could be set up aimed at a person who was about to undertake their GCSE or 'A' Level examinations and then another scheme, which could be more demanding of the individual, could be targeted to suit an Undergraduate or Postgraduate student.

CONCLUSION

  Given that it is accepted that Parliament needs to be more representative of the modern society it seeks to serve, and that by being more representative elected bodies can better understand the issues that confront people, there is clearly a case for measures to improve the number of people with disabilities in Parliament and in other levels of Government and Office.

  There are a number of aspects that need to be addressed if people with disabilities are to be better involved in going forward as candidates. A key issue is attitude. It is vital to improve the way people with disabilities are portrayed and addressed, in both the media and in the way politicians who are currently in office address disability as an issue. It is important to move away from the patronising, paternalistic and at times dismissive attitude that has all too often dominated the way disability has been addressed, not least because this would improve the chances for a person with a disability to get elected and show disability in a more positive way. Crucial, is to end the culture of treating people with disabilities as if they are invisible and include them as part of society and stop seeing people with impairments as problems to be addressed that do not "fit in", instead, emphasis should be placed on the fact people with disabilities are people too.

  However, it is also important for people with disabilities to make the effort and become involved in the process of politics. It is vital for people with disabilities to get opportunities to gain the skills they would need in order to be effective as political representatives. In this regard, it could be said that the attitude change needed, is a two way process involving those who are non-disabled people and who might hold negative attitudes as well as people who have disabilities who hold a negative attitude towards becoming involved in the first place. They need to see themselves as potential candidates.

  Along side these issues is the need to improve the career opportunities for people with disabilities. If there were more disabled Lawyers, Journalists etc, then there would be more possibility that more people with disabilities would become MPs. This is perhaps, a larger issue and needs to be tackled in schools in order to address the culture of low expectation that has surrounded disability. A point which has some relevance here is made by the Commission for Equality and Human Rights, who observe:[219]

    "… One of the causes of unequal pay between different groups is the concentration of some employees—women, people from ethnic and religious minorities and disabled people—at lower levels of organisations or in lower paid roles or skilled occupations. The reason for this is clearly not that talent is concentrated among white non-disabled men and that only they have the ability to do these more senior or more skilled jobs. Rather it is a historic or systemic problem. If we are to accelerate towards a fairer society, we need to find a more effective way to address this under-representation and ensure that everyone who has the ability is given the chance to fulfil their potential…".

  The issues connected to attitude will take time to take effect but they can be helped almost straight away by more practical steps such as the suggestion of an Internship programme that has been made in this report. Small changes can make a big difference. Also the Ratification of the United Nations Convention on the Rights of People with Disabilities (2007) would help as this would send out a positive message about disability.






187   A symbol which appears on job advertisements, which is alleged to mean that the organisation in question has a positive attitude towards disability. Back

188   The Government used this slogan in an advertising campaign targeted at employers to challenge attitudes towards disability. Back

189   In recent years the media have often madder use of the term "middle England" or the even the term "Mondeo man". One assumes that the later term is a reference to the type of car a target voter might choose to drive. The former term being a reference to a "class" of "voter". Back

190   An example of this can be seen in the way we have seen headlines that talk about people with disabilities as merely recipients of benefit and continually call for "tough measures" to "force" disability claimants back to work. Back

191   I can think of a number of situations where I have seen people try to use my disability to "write me off". Sadly too many for me to discuss them all in this document. Back

192   Disabling Laws, Enabling Acts Disability Rights in Britain and America. Pluto Press, London (1994) p xvii. Back

193   In his press release welcoming the establishment of the Speaker's Conference. Dated 12 November 2008 from http://www.equalityhumanrights.com/en/newsandcomment/pages Back

194   Our rights and routes to power, in the Editorial Column p 3. Issue number 14 December 2008, published by Scope (London) 2008. Back

195   Department for Education and Employment, From exclusion to inclusion: A report of the Disability Rights Taskforce (December 1999) (London). Back

196   At chapter 9: Participation in public life p 171-172 paragraph 18 and 19 in the Report of the Disability Rights Taskforce (December 1999). Published by the Department for Education and Employment. The section also includes an extract from the Polls Apart 2 Report by Scope. Back

197   Chapter 9: Participation in public life: pp 163-178 and also with recommendation 5.18 that calls for local councils to be placed under a duty not to discriminate against disabled councillors on p 87: Chapter 5 of From exclusion to inclusion. Back

198   At Government response 3.34 on page 44 of Towards inclusion-Civil rights for disabled people. Published by the Department for Education and Employment (London) (March 2001). Back

199   See Paragraph 2.68 on p 31 and Paragraphs 9.1-9.7 on pps 82-85 of Towards inclusion: Civil Rights for disabled people Government response to the Disability Rights Taskforce Published by the Department for Education and Employment (March 2001) (London). Back

200   Introduced in the 2005 Disability Discrimination Act. Back

201   In Improving the life chances of disabled people by the Prime Minster's Strategy Unit, January 2005 in chapter 3 at p 54. Back

202   Framework for a fairer future: The Equality Bill, Cm 7431, The Stationery Office, 2008 (London). Back

203   In the Ministerial forward by Harriet Harman QC MP on page 7 of the document. Back

204   The last two Prime Ministers the UK has had were Barrister and many MPs on all sides of the House of Commons have been barristers or solicitors. Back

205   This can even be seen in legislatures around the world, for example, many US Congressmen and women and Senators have studied law, taught the law in universities or been practitioners of law before taking up elected office. The same point would apply to the Republic of Ireland, to name just two examples. Back

206   As someone with a physical disability myself, who has studied law, I know how difficult it is to get established in the legal field. Employers seem reluctant to see the abilities that are there. Back

207   Framework for a fairer future: The Equality Bill, Cm 7431, The Stationery Office, 2008 (London). Back

208   At paragraphs 5.22, 5.25, 5.29 and 5.35 across pages 66-69. Back

209   The Equality Bill, Government response to the consultation, Cm 7454, The Stationery Office. Back

210   At paragraphs 5.22, 5.25, 5.29 and 5.35 across pages 66-69. Back

211   From paragraph 5.22 on p 66 of the Equality Bill Government response to the consultation, Cm 7454, Published by The Stationery Office, July 2008. Back

212   From paragraph 5.22 on p 66 of the Equality Bill Government response to the consultation, Cm 7454, Published by The Stationery Office, July 2008. Back

213   Page 53 of the final report of the Prime Minister's Strategy Unit, Improving the life chances of disabled people. July 2008. Back

214   The Equality Bill, Government response to the consultation, Cm 7454, The Stationery Office, July 2008. Back

215   At paragraph 5.25 on p 67 of The Equality Bill Government Response to the Consultation Cm 7454, The Stationery Office, July 2008. Back

216   At paragraph 5.29 on p 67 of the Equality Bill Government Response to the Consultation. Cm 7454, The Stationery Office, July 2008. Back

217   Paragraph 5.35 (p 69), Equality Bill Government Response to the Consultation. Cm 7454, The Stationery Office, July 2008. Back

218   At the age of 16 the author did a period of a weeks work experience with his local MEP (Mel Read). Back

219   Page 38, Commission for Equality and Human Rights, Fairness: a new contract with the public, July 2008 (Manchester). Back


 
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