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 employeeswomen,
people from ethnic and religious minorities and disabled peopleat
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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