Inquiry concerning the United Kingdom of Great Britain and Northern Ireland carried out by the Committee on the Rights of Disabled People under article 6 of the Optional Protocol to the Convention Download the document here Summary of Key Issues Incorporation of the UNCRPD in Northern Ireland Northern Ireland (NI) has yet to incorporate the UNCPRD into a law1. Non-compliance with the UNCRPD Northern Ireland is experiencing a severe political and economic crisis. The current situation is significantly worse than other period since introduction of the Good Friday Agreement in 1998. Northern Ireland has been without functioning political institutions since February 2022. The institutions collapsed when the Covid-19 pandemic continued to impact severely on disabled people in Northern Ireland. Since the collapse there is no mechanism through which to advance legislative changes and public services are being cut at alarming rate. The Rights of disabled people are being rolled back daily. The severity of the situation has resulted in the need to submit an Alternative Report to the Inquiry on behalf of the disabled people in Northern Ireland. The Secretary of State for Northern Ireland has failed to provide the necessary resources for public services in Northern Ireland. In doing so the Secretary of State and the Northern Ireland Office failed to address statutory duties associated with Section 75 of the Northern Ireland Act 19982. The Secretary of State and the Northern Ireland Office (NIO) failed to undertake appropriate screening of the cumulative impacts of the proposed 2023-24 Northern Ireland Budget, contrary to its own Equality Scheme, and contrary to Section 75 and Schedule 9 of the Northern Ireland Act 1998. In doing so the Secretary of State and NIO failed to identify adverse impacts for disabled people and failed to identify mitigations to address such adverse impacts. The Department of Finance Northern Ireland failed to undertake an Equality Impact Assessment in the appropriate way in respect of cumulative effects of the proposed 2023-24 Northern Ireland Budget, contrary to Section 75 and Schedule 93 of the Northern Ireland Act 1998, and in so doing acted ultra vires. Section 75(1)(c) provides that “a public authority shall, in carrying out its functions, have due regard to the need to promote equality of opportunity between persons with a disability and persons without”. Section 75(5) defines disability as “a physical or mental impairment which has substantial and long-term adverse effect on his ability to carry out normal day-to-day activities. Disability Inequality is a reality in our society and progress to address this is slow. Poverty, disadvantage, and barriers to employment disproportionately impact disabled people. Section 75 statutory duties are the key means available to public authorities to address inequalities and demonstrate measurable positive impact on the lives of people experiencing inequalities. The purpose of EQIAs in general is that the there is a legal obligation to consider impacts on protected groups. The purpose is not merely to identify disproportionate impacts but to actively mitigate against them and ideally to seek opportunities to promote equality for these groups. Over time and in practice. This process has not been effectively progressed in Northern Ireland. The implementation of the budget in Northern Ireland has resulted in civil servants taking decisions to cut services which disabled people in Northern Ireland are reliant on for Independent Living. These actions are in breach of Article 19 of the UN Convention on the Rights of People with Disabilities4. The contributors to this report question the legal capacity of civil servants to take decisions normally reserved for Ministers which severely erode the rights of disabled people in Northern Ireland. Under section 3 (1) of the Northern Ireland (Executive Formation etc) Act 20225, senior officers of Northern Ireland departments are not prevented from exercising the functions of their department if they are satisfied that it is in the public interest to do so. However, the decisions that have been taken in Northern Ireland have eroded public services and rolled back the rights of disabled people and therefore are not in the public interest. For example transport for disabled people has been reduced, reductions in spending on mobility aids, housing adaptations, restrictions in domiciliary care packages, the cessation of funding for the human rights work of Disability Action which is a DPO, closure of mental health services for young people and reductions in provision for disabled children disproportionately impact upon disabled people. The current budget does not comply with statutory duties to target resources on the basis of objective need under Section 28E of the 1998 Act6. Justice Treacy’s judgment concluded that there is a statutory provision to allocate resources on the basis of objective need7. Given the disproportionate impact of the proposed decisions on disabled people who are recognised as most of risk of poverty and deprivation. The proposals do not meet the statutory requirements of Section 28E. There are several areas in policy, practice and legislation within NI which are non-compliant with the UNCRPD. These include amongst others, the current budget cuts, the erosion of public services, The Mental Health and Capacity Act (2016)8, inadequate protections against disability discrimination9, evidence of abuse and degrading treatment within institutional settings10, lack of access to appropriate toileting facilities, the reinstitutionalisation of disabled people11 and the cessation of funding for DPOs. Lack of protection of the Right to Life The Northern Ireland Statistics and Research Agency (NISRA) published an equality group analysis of wave one deaths due to Covid-19 which showed that disabled people were 40% more likely to die of Covid-1912. Disabled people and their families, including parents of autistic children and carers of people with learning disabilities, are reporting that they have been asked to complete Do Not Resuscitate (DNR) orders, in case they become critically ill, with no consultation13. Dignity, Choice and Control Dignity, choice and control are of extreme importance to d/Deaf and disabled people. The key challenges raised by d/Deaf and disabled people include: Implementation of the Mental Capacity Act (NI); The application of capacity legislation for children and young people14; Deprivation of Liberty15; Inhuman and degrading treatment16; Use of restraint and seclusion17; Abuse in residential and community settings18. Resettlement from long-stay hospitals and assessment and treatment units19; Enjoyment of home and family life20; Health inequalities and mortality rates21; Continued Lack of Protection Against Disability Discrimination There have been repeated concerns raised that protection for people with disabilities against discrimination in NI has fallen behind GB22. 2 Introduction 2.1 About Us Disability Action is the largest disabled person led and pan-disability organisation in the UK located NI. We provide services to and advocate for the rights of d/Deaf and disabled people. 2.2 The Process 1 in 4 people in Northern Ireland are disabled people. Disability Action engaged with 1849 disabled people in the production of the report and 335 member organisations. Desktop research was carried out into relevant programmes and policies in NI and reference made to previous research. 2.3 The Scope of the Report This report only relates to Northern Ireland (NI). 2.4 Purpose of the Report This report provides information on the implementation of Articles 19, 27 and 28 by the Northern Ireland Executive and Assembly and the UK Government (UKG) since publication in November 2016 of the findings and recommendations from the Committee’s inquiry under article 6 of the Optional Protocol to the Convention on the Rights of Disabled People. 2.5 Social and Human Rights Model of Disability This report has been developed utilising the human rights model of disability, taking account of the social model of disability23. The human rights model focuses on the inherent dignity of the human being and places the individual centre stage in all decisions. Most importantly, it recognises the role which society plays in disability24. The social model of disability asserts that disability is a form of oppression and socially created disadvantage and marginalisation of people on the basis of disability or impairment. Disability is therefore considered as a socially produced injustice which is possible to challenge and address through social change25. Both models recognise that the challenges of disability are societal factors which are external to the individual. The human rights model both builds on and complements the social model. Both models are valuable tools towards achieving equality, participation, inclusion, quality of life and dignity for d/Deaf and disabled people. For some purposes, including the monitoring of the State party’s efforts to implement the UNCRPD26, the human rights model is more appropriate. The social model plays an essential role in the identification of barriers and the development of appropriate solutions27. Over-view since 2016 Failure to implement the Committee’s Recommendations Disabled people are overwhelmingly of the view that the Committee’s recommendations have not been implemented in NI. The rights of disabled people have significantly eroded since 2016. The Northern Ireland Executive and Assembly has collapsed twice within the reporting period. Northern Ireland is experiencing political, economic and public finance crisis. There has been limited positive progress to advance the rights of disabled people, the abuse and reinstitutionalisation of disabled people is increasing and public services have eroded. NI has experienced the Covid-19 pandemic during this period and continues to experience a cost of living emergency, a health emergency and a housing emergency all of which has seriously eroded the rights of disabled people. Funding for the human rights work of Disability Action, Human Rights Organisations and services to disabled people has been removed with accountability and in the absence of functioning political and legislative institutions. There has been limited progress to implement a Bill of Rights for Northern Ireland which is a commitment under the Good Friday Agreement. A Bill of Rights for Northern Ireland would significantly advance the rights of disabled people. There is continued and significant retrogression of the rights of disabled people in relation to the areas covered by the special inquiry. Suggested questions What action will the Westminster Government take as co-guarantors of the Good Friday Agreement to ensure that the political institutions are re-established on a sustainable footing to ensure that there are mechanisms in place to advance legislation in Northern Ireland? What actions will the State take to ensure that the state in Northern Ireland has access to appropriate resources to deliver public services? What actions will the State take to ensure that the rights of disabled people are protected? What measures will the State in Northern Ireland take to ensure that the UNCRPD is incorporated into law? What actions will the state take to ensure a Bill of Rights is enacted in Northern Ireland? Article 19 3.2.1 Health and Social Care Social care has been eroded in NI. adverse impact on Disabled People’s right to independent living. In common with other areas of healthcare, social care has been impacted negatively by short-term budgets. Community and voluntary providers are at the forefront of prevention and early intervention28. Despite this the Department of Health has withdrawn funding from 62 organisations29. The cessation of this funding will place additional pressure on the health and social care system. Northern Ireland is the midst of a health emergency arising from spiralling costs and the absence of Ministerial decision making and accountability. During the winter months patients were advised to discharge to care homes due to a shortage of care packages and the high volume of people in hospital. These actions have re-institutionalised disabled people30. The Department of Health have proposed restricting access to domiciliary care because of the public finance crisis31. This will lead to the re-institutionalisation of disabled people and further erode the health service. Legislation required for the reform of Adult Social Care has not proceeded due to ongoing political crisis. Access to services has been reduced in the context of the current public finance crisis. Austerity has led to the collapse of health and social care in NI. This has been further compounded by the ongoing political and financial crisis in NI. Reductions in access to domiciliary care, Personal Independence Payment, and the cessation of the independent living fund have forced disabled people into institutions. What action will the State in NI take to advance the reform of Adult Social Care ensuring that that the right to independent living is protected in legislation and that funding is made available to advance improvements co-designed with disabled people? 3.2.2 The Independent Living Fund The closure of the Independent Living Fund to new applicants has limited d/Deaf and disabled people’s choice and control32 in Northern Ireland. The roll out of Self-Directed Support as a model to promote choice and control has been limited33. Access to appropriate social care packages and accessible housing have been recognised as the cornerstones of independent living34. The demand for social care is increasing and access to funding is decreasing35. Disability Action recently conducted a small research study on Adult Social Care 36. There is an absence of information regarding the extent to which the needs of d/Deaf and disabled people with substantive needs and who are not in receipt of the Independent Living Fund payments are met by Self-Directed Support (SDS) and Direct Payment Provisions37. Direct Payments do not fund many of the activities funded by the Independent Living Fund as the emphasis is upon addressing social care needs rather than promoting independence meaning that those in receipt have access to less support and have less control38. The potential direct payments to promote Independent Living has been hampered by cost savings to social care budgets39. The Independent Living Fund has not been reopened as was promised to disabled people due to the absence of Ministers and the lack of functional political and legislative institutions in Northern Ireland. Suggested questions What actions will the State take to reopen the Independent Living Fund? What actions will the State take to ensure that there is investment in health and social care? 3.2.3 Mental Health Legislation Mental health legislation continues to authorise substitute decision-making, detention in psychiatric institutions, involuntary treatment and the use of community treatment orders. The Mental Capacity Act (2016) is non-compliant with the UNCRPD. The MCA Act (2016) provides for determinations of unfitness to plead and the defence of insanity which is representative of disability discrimination in context of the UNCRPD40. The Mental Health (NI) Order (1986)41 provides for involuntary treatment of ‘mental disorder’, which is defined as ‘mental illness, mental handicap and any other disorder or disability of mind’ (MHO, Article 3(1)42. Suggested question What actions will the State take to ensure that Mental Health and Capacity Legislation is UNCRPD compliant? 3.2.4 Abuse Scandals The Health emergency and the political and public finance crisis has resulted in the re-institutionalisation of disabled people. The potential for abuse is greater within institutional settings as demonstrated by the launch of a Public Investigation into events at Muckamore Abbey Hospital43 and the Older Person’s Commissioner’s report on Dunmurry Manor44 both of which include evidence of violence against and the abuse of d/Deaf and disabled people. The Health Minister Robin Swann pledged to bring forward a new Adult Safeguarding Bill for Northern Ireland, to help protect disabled people. 45. This has not progressed due to the absence of functioning political institutions in Northern Ireland. There is currently no legislative and decision making framework through which to advance the findings of the Muckamore Inquiry in an ethical and accountable manner. Disability Action are aware of cases in which disabled people have been abused and in spite of evidence including cctv footage , cases have not proceeded to court due to the Public Prosecution Service questioning whether a person who is non-speaking can articulate impact. These cases have occurred within institutional and health care settings. Suggested questions What actions will be taken by the State in Northern Ireland to ensure that adult safeguarding legislation is developed in partnership with disabled people and disabled people’s organisations to ensure that all interventions are based on informed consent? What measures will be taken by the State in Northern Ireland to ensure that disabled people have access to justice in cases of alleged abuse? 3.2.5 Housing Research undertaken by Disability Action on behalf of the Equality Commission demonstrates that 8 out of 10 disabled people believe housing is inaccessible to them. Northern Ireland is experiencing a housing emergency- which is having a severe impact on disabled people. 52% of the social housing waiting list are older people, disabled people and people experiencing mental health challenges The most recent published data from the Department for Communities demonstrates that there are only 1,111 accessible social homes in the region, yet according to the most recent census1 in 4 people in Northern Ireland are disabled people. There is a significant undersupply of accessible housing in the region. Disabled people are trapped in unsuitable housing due to this housing shortage. Disabled people are trapped in unsafe and undignified housing. Through our case work we know that disabled people have faced challenges in having their doors widened and ramps fitted. We have worked with disabled people who have been unable to access dignified toileting in their home because they cannot access the stairs to use the toilet. The conditions in which they are living are devastating leading to declining physical and mental health. Living in inappropriate housing has negative impacts on quality of life, and physical and mental health. Adaptation grants are available, but they are means tested and the process for applying is complicated- it is our position that resources for adaptation should be available based on need and not income. If a family receives child benefit for the young person- then the test of resources is not applied. Grants are only paid once the work is completed which presents a significant barrier top draw done. Disabled residents in Northern Ireland, in the private housing sector, whose adaptations were completed in 2020/21, and the first seven months of 2021/22 (up to 31 October 2021), waited more than three years on average for them to be finished. Disabled residents in the private housing sector have waited between nine and 20 months on average for home adaptations to be completed once they had received an ‘approval of application’ from the Housing Executive in 2020/21. The current political crisis has resulted in a series a lack of accountability which coupled with a public finance crisis has resulted in a series of decisions which adversely impact upon disabled people. With respect to housing it has been proposed that the Northern Ireland Housing Executive Budget will be reduced. Reductions to the NIHE budget by DfC will lead to longer delays in housing adaptations, and increased risk of homelessness all of which disproportionately impact upon disabled people. There is a significant deficit in the provision of accessible social homes. The reduction in building will further reduce opportunities for disabled people to access an accessible home. The lack of access to housing, housing adaptations and housing support will lead to the reinstitutionalisation of disabled people which will increase spending within the Department of Health. The proposed decision by DfC to reduce the NIHE budget46 requires a cross Departmental cumulative assessment. Suggested question What actions will be State take to ensure that the current political crisis does not adversely impact on disabled people through the reduction in the building of accessible social homes, reductions in housing support and housing adaptations? 3.2.6 Transport 8 out of 10 disabled people report that transport is inaccessible to them. Disability Action Transport Service has been cut by 5%. Reductions in public transport have been proposed alongside reductions in the concessionary fares scheme. There is a shortage of wheelchair accessible taxis. The combined result is that disabled people are living under curfew with limited access to accessible transport. Suggested Question What action will the State take to ensure that there is investment in transport options for disabled people? 3.3 Article 27 Barriers to employment for disabled people have increased in the context of the Covid-19 pandemic, the Cost of Living Emergency and the ending of access to the European Social Fund because of Brexit. Northern Ireland: In 2020 the disability employment rate gap in Northern Ireland was 42.2 % compared to 27.9 % for the whole of the UK. Since 2014, the disability employment gap has consistently been higher in Northern Ireland than the rest of the UK47. Figures for 2022 demonstrate that disabled people in Northern Ireland earn £1.90 per hour less than non-disabled people, meaning that disabled people earn £3458 less per year than non-disabled people. Therefore, the disability pay gap in Northern Ireland is 18%. Disabled women earn £1.70 per hour less than disabled men48. In addition: a higher proportion of d/Deaf and disabled people are in part time work. Part-time work, particularly in the private sector is paid less per hour than full-time work. d/Deaf and disabled people are overrepresented in lower paid jobs including caring and leisure, sales, customer services, and other services; d/Deaf and disabled people are under-represented in senior and managerial roles. some d/Deaf and disabled people leave education earlier than non-disabled people; when d/Deaf and disabled people have the same qualifications the pay gap persists49. when d/Deaf and disabled people have the same qualifications the pay gap persists50. Trade Union Congress (TUC) assert that the Disability Pay Gap is linked to unlawful discrimination, structural barriers, and negative attitudes51. ESF has been the primary source of funding for employment projects for d/Deaf and disabled people in NI. The funding will cease in March 2022. Finance Minister Conor Murphy allocated £26.5mn of Covid-19 funding to extend the ESF programme until the end of March 2023. This programme has now ended. The UK Shared Prosperity Programme offers £20mn funding less than ESF leaving the region at severe disadvantage. The current equality framework in Northern Ireland is deeply inadequate. The Equality Act 2010 is also still not applicable in Northern Ireland despite the previous recommendation of the committee. Suggested questions What actions will the State Party take in NI to ensure mandatory pay gap reporting and the introduction of action plans to address the disability pay gap? What actions will the State take to address the Disability Employment Gap in Northern Ireland? What steps are being taken to address challenges in access to employment by disabled people and that action is taken to introduce stronger equality legislation to ensure that citizens in NI have the same protections as their counterparts in the UK and Ireland. 3.4 Article 28 3.4.1 Poverty Northern Ireland: d/Deaf and disabled children and their families are more likely to live in poverty than their non-disabled counterparts52. d/Deaf and disabled people are 50% more likely to live in poverty and disadvantage than those who do not have a long-standing illness53. Households with one or more d/Deaf and disabled members faced large and disproportionately negative impacts from tax and benefit changes made between 2010 and 201854. 78% of d/Deaf and disabled people not in receipt of disability social security benefits come from households experiencing the highest levels of deprivation. According to the Trussell Trust Foodbank Network, which operates 36 foodbanks across Northern Ireland, more than 62% of working age d/Deaf and disabled people are referred to their network for support55. 23% of households with a disability were losing more than a quarter of their income on repaying debt or loans, compared to 14% among households not affected by disability whilst 41% of d/Deaf and disabled people were in debt to the UK Department of Work and Pensions (DWP)56. The Trussell Trust also found that even if some people were successful in applying for and receiving disability benefits such as DLA and PIP, for many it was not enough to prevent hardship and material deprivation in many households indicating that disability benefits, for those fortunate enough to meet the threshold for entitlement, was not sufficient to meet the extra costs associated with disability and ill health57. Disabled People have been unable to access cost of living payments issued by the Department for Communities. The political crisis has halted the development of the Anti-Poverty Strategy. There is a public funding crisis which is eroding the very fabric of Northern Ireland society and plunging disabled people further into poverty and disadvantage. Disabled people are making impossible choices between eating and breathing without intervention58. Suggested Question What actions will the State take to ensure that disabled people have access to emergency relief payments on an equal basis with others? What actions will the State take to address the underlying causes of poverty? 3.4.2 Social Security Social Security continues to be inadequate for disabled people. There have been no positive actions taken to challenge negative and harmful perceptions of disabled people. There is considerable evidence which demonstrates the adverse impact of welfare reform on the right of d/Deaf and disabled people to live independently and to an adequate standard of living and social security59: families, where someone has a disability, have lost an average of £2,000 per year because of changes to disability related benefits60; households with at least one d/Deaf and disabled adult and/or a d/Deaf and disabled child will lose over £6,500 a year (over 13% of their net income)61; those d/Deaf and disabled people claiming Employment Support Allowance and Universal Credit assessed as being in the work-related activity group in receipt of both benefits through the work capability assessment have had their income reduced by £30 per week losing their disability premiums within both benefits62; there is also some evidence to suggest that d/Deaf and disabled people have not only fallen further into poverty but also lost their lives because of welfare reform changes63; The evidence outlined above demonstrates that disabled people and families do not receive enough from social security to meet their needs and have instead to rely on food banks, miss meals and face considerable challenges in running lifesaving equipment. Disability Action case work includes cases in which disabled people have referenced rationing access to life saving machinery due to increasing energy costs. The Commission on Social Security64 - led by experts by experience - argues that the current working-age benefits system should be replaced by a system that is no longer “guided by stereotypes and myths about Disabled people and people in poverty”. The Plan for a Decent Social Security System calls for the following transformational changes: Everyone would be treated with dignity and respect Nobody would ever have less than half the minimum wage currently £163.50 a week - to live on, because of the Guaranteed Decent Income (GDI) The Joseph Rowntree Foundation Minimum Income Standards for what amount of money is needed for an acceptable standard of living would be ensured Child benefit of £50 per child each week The importance of other factors in providing social security – good jobs, housing, childcare and so on – would be recognised and acted on Benefits and tax credits were increased by 3.1% in the annual uprating. This was not in line with inflation. Therefore, in real terms benefits have been cut. This follows the £20 a week drop in Universal Credit last October; itself the most dramatic single cut in welfare provision for a generation. Substantial numbers of disabled people have lost income through the replacement of Disability Living Allowance (DLA) with Personal Independence Payment (PIP). Concerns raised by the UN Extreme Poverty Rapporteur regarding the roll out of Universal Credit were dismissed.65 A legal challenge taken by two disabled men who had lost £180 per month after being moved to UC won compensation for others similarly affected but there remains no SDP/EDP for new claimants.66 Benefits assessments continue to cause widespread distress among DDP, stress on our families/support networks and strain on support services.67 The issues are the same that we have been reporting for over a decade. Suggested Question What steps will the State take to ensure that disabled people are afforded an adequate standard of living through the social security system? 3.5 Disability Stereotypes The State has failed to address the Committee’s recommendation to combat negative stereotypes of disabled people. Incidents of bullying hate speech and hate crime against d/Deaf and disabled children continue to increase. The cost of living emergency has resulted in a deterioration in attitudes towards disabled people in receipt of benefits, reminiscent of those seen when the Committee conducted its Inquiry in 2016.68 Suggested Question What actions will the State take to challenge negative stereotypes of disabled people? What actions will the State take to ensure that there is an enforceable legal framework through which to address disability hate crime? 3.6 Article 33 There is no official collection of appropriate data related to the lived experience of deaf and deaf and disabled people or the impact of changes in legislation with respect to disability in Northern Ireland 69. There is at present no co-ordinated strategy for the incorporation of the UNCRPD into law70 and progress is difficult to monitor. Suggested question What action will the State take to ensure the full incorporation of the UNCRPD which includes a strategy for implementation and monitoring? How will the State develop indicators that will relate to the UNCRPD and be comparable against other devolved nations and internationally (and be inclusive of d/Deaf and disabled children and adults with disabilities)? 4. New Issues 4.1 Brexit Brexit has stimulated the collapse of the political and legislative institutions in Northern Ireland. This has resulted in a complete hiatus in the development of legislation and has stimulated a public finance crisis which is severely undermining the rights of disabled people. Brexit has created recruitment challenges in health and social care. Disabled people living in their own homes now face even greater barriers to recruiting Personal Assistants (PAs).71 72 Suggested Question What actions will the state take to ensure that Brexit does not undermine the rights of disabled people? Covid-19 Disability inequality was becoming entrenched before the pandemic.73 The impacts of the pandemic both exacerbated and were exacerbated by that existing inequality. Northern Ireland was not prepared for the pandemic. The degree to which the emergency response of the Executive to the Covid-19 crisis included people with disabilities and addressed their needs has been called into question by d/Deaf and disabled people and by the Equality Commission for Northern Ireland74. Initial guidance from government agencies was not attuned to the needs of persons with learning disabilities and their living situations; particularly for those in supported living arrangements rather than residential homes. The guidance from different agencies was contradictory and had not been developed through consultation with organisations and personnel with the necessary expertise. Revised guidance has been made available, but a lack of consultation remains an issue beyond Covid-1975. The Northern Ireland Statistics and Research Agency (NISRA) published an equality group analysis of wave one deaths due to Covid-19 which showed that disabled people were 40% more likely to die of Covid-1976. There are concerns regarding the inappropriate use of Do Not Resuscitate Orders77. Disabled people were over-represented among COVID-related deaths78 even accounting for age and health factors. Analysis by ONS identifies poverty as a key factor within this as well as care home residency.79 Disabled workers were over-represented among redundancies during the pandemic. From July to November 2020, 21.1 per thousand disabled workers were made redundant compared to 13.0 per thousand who are non-disabled.80 Disabled people faced long delays following requests adjustments and a range of other issues with Access to Work after home working began during lockdown.81 Workers experiencing Long Covid have faced employment discrimination.82 One in seven survey respondents lost their job because of reasons connected to Long Covid.83 The pandemic saw a return to purely medical understanding of risk and “vulnerability” leaving millions at risk from non-medical factors linked to self-isolating that were not considered in planning.84 In March 2020, a temporary pandemic lift to UC of £20 per week was introduced. This was not applied to over 2.2 million legacy benefit claimants, three quarters of whom are disabled. Many had significantly increased expenditures due to COVID-19.85 The explanation was that the uplift was for people who work.86 This statement suggests that disabled people are not valid part of the workforce. This fuelled a view among the UK Government does not value their lives.87 Even after the uplift, UC represented just 43.4% of the minimum income required for a decent standard of living.88 The UK Government removed the uplift on 30 September 2021.89 Suggested Question What specific measures are being taken by the State to ensure that any requirements to ensure the full protection of the right to life for all people with d/Deaf and disabled people are being addressed? What actions will the state take to ensure that disabled people are fully involved in emergency planning? Disabled Women Disabled women have experienced severe poverty, abuse and exploitation. This has increased since 2016. Disabled women in Northern Ireland are experiencing an increasingly hostile environment. Suggested questions What actions will the State take to address poverty and disadvantage experienced by disabled women? What actions will the State take to end the abuse and exploitation of disabled women? List of Issues What action will the Westminster Government take as co-guarantors of the Good Friday Agreement to ensure that the political institutions are re-established on a sustainable footing to ensure that there are mechanisms in place to advance legislation in Northern Ireland? What actions will the State take to ensure that the state in Northern Ireland has access to appropriate resources to deliver public services? What actions will the State take to ensure that the rights of disabled people are protected? What measures will the State in Northern Ireland take to ensure that the UNCRPD is incorporated into law? What actions will the state take to ensure a Bill of Rights is enacted in Northern Ireland? What action will the State in NI take to advance the reform of Adult Social Care ensuring that that the right to independent living is protected in legislation and that funding is made available to advance improvements co-designed with disabled people? What actions will the State take to reopen the Independent Living Fund? What actions will the State take to ensure that Mental Health and Capacity Legislation is UNCRPD compliant? What actions will be taken by the State in Northern Ireland to ensure that adult safeguarding legislation is developed in partnership with disabled people and disabled people’s organisations to ensure that all interventions are based on informed consent? What measures will be taken by the State in Northern Ireland to ensure that disabled people have access to justice in cases of alleged abuse? What actions will be State take to ensure that the current political crisis does not adversely impact on disabled people through the reduction in the building of accessible social homes, reductions in housing support and housing adaptations? What action will the State take to ensure that there is investment in transport options for disabled people? What actions will the State Party take in NI to ensure mandatory pay gap reporting and the introduction of action plans to address the disability pay gap? What actions will the State take to address the Disability Employment Gap in Northern Ireland? What steps are being taken to address challenges in access to employment by disabled people and that action is taken to introduce stronger equality legislation to ensure that citizens in NI have the same protections as their counterparts in the UK and Ireland. What actions will the State take to ensure that disabled people have access to emergency relief payments on an equal basis with others? What actions will the State take to address the underlying causes of poverty? What steps will the State take to ensure that disabled people are afforded an adequate standard of living through the social security system? What actions will the State take to challenge negative stereotypes of disabled people? What actions will the State take to ensure that there is an enforceable legal framework through which to address disability hate crime? What action will the State take to ensure the full incorporation of the UNCRPD which includes a strategy for implementation and monitoring? How will the State develop indicators that will relate to the UNCRPD and be comparable against other devolved nations and internationally (and be inclusive of d/Deaf and disabled children and adults with disabilities)? What actions will the state take to ensure that Brexit does not undermine the rights of disabled people? What specific measures are being taken by the State to ensure that any requirements to ensure the full protection of the right to life for all people with d/Deaf and disabled people are being addressed? What actions will the state take to ensure that disabled people are fully involved in emergency planning? What actions will the State take to address poverty and disadvantage experienced by disabled women? What actions will the State take to end the abuse and exploitation of disabled women? For further information please contact Nuala Toman at [email protected] ARTICLE 19 Legislation and policy Legislation underpinning social care delivery across the four UK nations has operated under the frame of austerity since 201090. Westminster: Health and Social Care Act 2022 Northern Ireland: The Northern Ireland Assembly has experienced considerable instability. The collapse of the institutions in 2016 led to a legislative hiatus which further complicated the challenges within the region associated with the legacy of the conflict. NI is experiencing a public funding crisis and legislative hiatus. The institutions were operation in early 2020 but collapsed in February 2022. To date within NI there has been no statutory definition of Independent Living or a coherent strategy through which to promote Independent Living91. The reform of Adult Social Care has been promised since 2016. Proposals were consulted upon in July 2022. There has been no progress since due to the absence of an Assembly and Executive. The absence of an integrated strategy for Independent Living combined with little or no co-ordination between services relating to education, childcare, transport, housing, employment and social security programmes undermines policies which if, all working together, would support deaf and disabled people to live independently. At the time of writing this issue remains unresolved. Proposed questions What action will the Westminster Government take as co-guarantors of the Good Friday Agreement to ensure that the political institutions are re-established on a sustainable footing to ensure that there are mechanisms in place to advance legislation in Northern Ireland? What action will the State in NI take to advance the reform of Adult Social Care ensuring that that the right to independent living is protected in legislation and that funding is made available to advance improvements co-designed with disabled people? Cuts to support and inability to meet demand Northern Ireland: Social care funding The crisis in social care funding and provision continues to have an adverse impact on Disabled People’s right to independent living. In common with other areas of healthcare, social care has been impacted negatively by short-term budgets. Community and voluntary providers are at the forefront of prevention and early intervention92. In spite of this the Department of Health has withdrawn funding from 62 organisations93. The cessation of this funding will place additional pressure on the health and social care system. Northern Ireland is the midst of a health emergency arising from spiralling costs and the absence of Ministerial decision making and accountability. During the winter months patients were advised to discharge to care homes due to a shortage of care packages and the high volume of people in hospital. These actions have re-institutionalised disabled people94. The Department of Health have proposed restricting access to domiciliary care as a result of the public finance crisis95. This will lead to the re-institutionalisation of disabled people and further erode the health service. The closure of the Independent Living Fund to new applicants has limited d/Deaf and disabled people’s choice and control96 in Northern Ireland. The roll out of Self-Directed Support as a model to promote choice and control has been limited97. Access to appropriate social care packages and accessible housing have been recognised as the cornerstones of independent living98. The demand for social care is increasing and access to funding is decreasing99. Disability Action recently conducted a small research study on Adult Social Care 100. There is an absence of information regarding the extent to which the needs of d/Deaf and disabled people with substantive needs and who are not in receipt of the Independent Living Fund payments are met by Self-Directed Support (SDS) and Direct Payment Provisions101. Direct Payments do not fund many of the activities funded by the Independent Living Fund as the emphasis is upon addressing social care needs rather than promoting independence meaning that those in receipt have access to less support and have less control102. The potential direct payments to promote Independent Living has been hampered by cost savings to social care budgets103. Re-institutionalisation Northern Ireland: Northern Ireland is in the midst of a political and public finance crisis which is eroding the rights of disabled people. The budget allocated to Northern Ireland by the Westminster does not meet requirements104. The severity of the cuts in Northern Ireland is eroding the right to independent living of disabled and essential services are being eroded and picked apart. The proposed decision of the Department of Health to restrict access to domiciliary care has institutionalised disabled people. Northern Ireland continues to employ legislation entrenched in a medical as opposed to a human rights approach and which authorises substitute decision-making, detention in psychiatric institutions, involuntary treatment and the use of community treatment orders. This includes the non progression of the commitment of the UK Government to legislate for a Bill of Rights for Northern Ireland. DDP continue to have no right to independent living enshrined in domestic legislation. Abuse scandals Westminster: Northern Ireland: d/Deaf and disabled women experience disproportionate levels of domestic violence and face barriers to accessing appropriate support105. Women’s Aid Northern Ireland report that 41% of women in refuges and 41% of women accessing outreach services have a disability106. The UK has not ratified the Istanbul Convention107 which provides a legal framework to tackle numerous forms of Violence Against Women and Girls (VAWG), including domestic violence, rape, sexual assault, female genital mutilation (FGM), so-called ‘honour-based’ violence, and forced marriage. The potential for abuse is greater within institutional settings as demonstrated by the launch of a Public Investigation into events at Muckamore Abbey Hospital108 and the Older Person’s Commissioner’s report on Dunmurry Manor109 both of which include evidence of violence against and the abuse of d/Deaf and disabled people. The Health Minister Robin Swann pledged to bring forward a new Adult Safeguarding Bill for Northern Ireland, to help protect care home residents and other vulnerable people110. This has not progressed due to the absence of functioning political institutions in Northern Ireland. Disability Action are aware of cases in which disabled people have been abused and in spite of evidence including cctv footage , cases have not proceeded to court due to the Public Prosecution Service questioning whether a person who is non-speaking can articulate impact. Lack of suitable housing Northern Ireland: Research undertaken by Disability Action on behalf of the Equality Commission demonstrates that 8 out of 10 disabled people believe housing is inaccessible to them. Northern Ireland is experiencing a housing emergency- which is having a severe impact on disabled people. 52% of the social housing waiting list are older people, disabled people and people experiencing mental health challenges The most recent published data from the Department for Communities demonstrates that there are only 1,111 accessible social homes in the region, yet according to the most recent census1 in 4 people in Northern Ireland are disabled people. There is a significant undersupply of accessible housing in the region. Disabled people are trapped in unsuitable housing due to this housing shortage. Disabled people are trapped in unsafe and undignified housing. Through our case work we know that disabled people have faced challenges in having their doors widened and ramps fitted. We have worked with disabled people who have been unable to access dignified toileting in their home because they cannot access the the stairs to use the toilet The conditions in which they are living are devastating leading to declining physical and mental health. Living in inappropriate housing has negative impacts on quality of life, and physical and mental health. Adaptation grants are available, but they are means tested and the process for applying is complicated- it is our position that resources for adaptation should be available based on need and not income. If a family receives child benefit for the young person- then the test of resources is not applied. Grants are only paid once the work is completed which presents a significant barrier top draw done. Disabled residents in Northern Ireland, in the private housing sector, whose adaptations were completed in 2020/21, and the first seven months of 2021/22 (up to 31 October 2021), waited more than three years on average for them to be finished. Disabled residents in the private housing sector have waited between nine and 20 months on average for home adaptations to be completed once they’d received an ‘approval of application’ from the Housing Executive in 2020/21. The current political crisis has resulted in a series a lack of accountability which coupled with a public finance crisis has resulted in a series of decisions which adversely impact upon disabled people. With respect to housing it has been proposed that the Northern Ireland Housing Executive Budget will be reduced. Reductions to the NIHE budget by DfC will lead to longer delays in housing adaptations, and increased risk of homelessness all of which disproportionately impact upon disabled people. There is a significant deficit in the provision of accessible social homes. The reduction in building will further reduce opportunities for disabled people to access an accessible home. The lack of access to housing, housing adaptations and housing support will lead to the reinstitutionalisation of disabled people which will increase spending within the Department of Health. The proposed decision by DfC to reduce the NIHE budget111 requires a cross Departmental cumulative assessment. Mental Health Legislation Northern Ireland: Mental health is recognised as one of the four most significant causes of ill health and disability in Northern Ireland along with cardiovascular disease, respiratory disease, and cancer112. Northern Ireland is currently experiencing a mental health crisis113. Northern Ireland has a higher prevalence of mental ill health (by 25%) and a lower per capita spend on mental health (£160) than England (£220) or Ireland (£200)114. There is a significant funding gap in mental health provision115. There is a lack of provision for people experiencing mental health crisis116. Health Minister Robin Swann launched the publication of the new Mental Health Strategy 2021-2031 on 29 June 2021117. The strategy includes a commitment to provide enhanced and accessible mental health services for those who need specialist mental health services, including d/Deaf and disabled children and young people. The strategy states that the services must be able to cater for those with disabilities, including physical and sensory disabilities, ASD and intellectual disabilities and must include help and support for parents and families118. The strategy places an emphasis upon early intervention119 and includes a commitment to develop an action plan which will include targeted approaches to groups more likely to be adversely affected by mental ill health including people with a physical or sensory disability and persons with an intellectual disability120. Progress has been limited by the political crisis. Issues with Mental Capacity legislation Northern Ireland: The Mental Capacity Act (2016) is non compliant with the UNCRPD. The MCA Act (2016) provides for determinations of unfitness to plead and the defence of insanity which is representative of disability discrimination in context of the UNCRPD121. The Mental Health (NI) Order (1986)122 provides for involuntary treatment of ‘mental disorder’, which is defined as ‘mental illness, mental handicap and any other disorder or disability of mind’ (MHO, Article 3(1)123. Article 27 Northern Ireland: In 2020 the disability employment rate gap in Northern Ireland was 42.2 percentage points (pps), compared to 27.9pps for the whole of the UK. Since 2014, the disability employment gap has consistently been higher in Northern Ireland than the rest of the UK124. Trade Union Congress (TUC) assert that the Disability Pay Gap is linked to unlawful discrimination, structural barriers, and negative attitudes125. The current equality framework in Northern Ireland is deeply inadequate. The Equality Act 2010 is also still not applicable in Northern Ireland despite the previous recommendation of the committee. Figures for 2022 demonstrate that disabled people in Northern Ireland earn £1.90 per hour less than non-disabled people, meaning that disabled people earn £3458 less per year than non-disabled people. Therefore the disability pay gap in Northern Ireland is 18%. Disabled women earn £1.70 per hour less than disabled men126. In addition: a higher proportion of d/Deaf and disabled people are in part time work. Part-time work, particularly in the private sector is paid less per hour than full-time work; d/Deaf and disabled people are over represented in lower paid jobs including caring and leisure, sales, customer services, and other services; d/Deaf and disabled people are under-represented in senior and managerial roles; some d/Deaf and disabled people leave education earlier than non-disabled people;# when d/Deaf and disabled people have the same qualifications the pay gap persists127. when d/Deaf and disabled people have the same qualifications the pay gap persists128. ESF has been the primary source of funding for employment projects for d/Deaf and disabled people in NI. The funding will cease in March 2022. Finance Minister Conor Murphy allocated £26.5mn of Covid-19 funding to extend the ESF programme until the end of March 2023 . This programme has now ended. The UK Shared Prosperity Programme offers £20mn funding less than ESF leaving the region at severe disadvantage. Article 28 Legislation and policies Northern Ireland: d/Deaf and disabled children and their families are more likely to live in poverty than their non-disabled counterparts129. d/Deaf and disabled people are 50% more likely to live in poverty and disadvantage than those who do not have a long-standing illness130. Households with one or more d/Deaf and disabled members faced large and disproportionately negative impacts from tax and benefit changes made between 2010 and 2018131. 78% of d/Deaf and disabled people not in receipt of disability social security benefits come from households experiencing the highest levels of deprivation. According to the Trussell Trust Foodbank Network, which operates 36 foodbanks across Northern Ireland, more than 62% of working age d/Deaf and disabled people are referred to their network for support132. 23% of households with a disability were losing more than a quarter of their income on repaying debt or loans, compared to 14% among households not affected by disability whilst 41% of d/Deaf and disabled people were in debt to the the UK Department of Work and Pensions (DWP)133. The Trussell Trust also found that even if some people were successful in applying for and receiving disability benefits such as DLA and PIP, for many it was not enough to prevent hardship and material deprivation in many households indicating that disability benefits, for those fortunate enough to meet the threshold for entitlement, was not sufficient to meet the extra costs associated with disability and ill health134. Disabled People have been unable to access cost of living payments issued by the Department for Communities. The political crisis has halted the development of the Anti-Poverty Strategy. There is a public funding crisis which is eroding the very fabric of Northern Ireland society and plunging disabled people further into poverty and disadvantage. Disabled people are making impossible choices between eating and breathing without intervention135. Narrative/portrayals of benefit claimants by government and media Northern Ireland: The degree to which the emergency response of the Executive to the Covid-19 crisis included people with disabilities and addressed their needs has been called into question by d/Deaf and disabled people and by the Equality Commission for Northern Ireland136. Initial guidance from government agencies was not attuned to the needs of persons with learning disabilities and their living situations; particularly for those in supported living arrangements rather than residential homes. The guidance from different agencies was contradictory and had not been developed through consultation with organisations and personnel with the necessary expertise. Revised guidance has been made available, but a lack of consultation remains an issue beyond Covid-19137. The Northern Ireland Statistics and Research Agency (NISRA) published an equality group analysis of wave one deaths due to Covid-19 which showed that disabled people were 40% more likely to die of Covid-19138. There are concerns regarding the inappropriate use of Do Not Resuscitate Orders139. Suggested question Barriers to justice Northern Ireland: In Northern Ireland Barriers exist with respect to reporting crime, and accessing legal advice and legal representation140. There is a lack of knowledge within the legal system of how to book sign language interpreters, and the role of interpreters (who have a multi-faceted communication role between legal professionals and deaf people)141. Disability hate crime has increased by 16% in 2020/2021, according to the Police Service Northern Ireland (PSNI)142. There is no specific hate crime legislation in Northern Ireland for d/Deaf and disabled people or for people with other characteristics protected under equality law. There are challenges associated with the identification of disability when d/Deaf and disabled people engage with Justice System and are held in custody143. Update on Article 33 in relation to the inquiry and above articles Westminster: Northern Ireland: To date in Northern Ireland there is no formal monitoring of the UNCRPD undertaken by Government Departments. The absence of an Executive continues to hinder this work. Monitoring and Data Gaps Northern Ireland: There is no official collection of appropriate data related to the lived experience of deaf and deaf and disabled people or the impact of changes in legislation with respect to disability in Northern Ireland 144. Mitigations of harmful Westminster legislative and policy relevant to above articles taken by devolved admins Northern Ireland: Mitigations are in place in NI but they do not address disability related benefits. New issues and their impact on Deaf and Disabled people’s rights under Articles 19, 27 and 28: Appendix B: Progress against 2016 inquiry recommendations Recommendations 114. The Committee recommends that the State party: (a) Conduct a cumulative impact assessment of the measures adopted since 2010, which are referred to in the present report, on the rights to independent living and to be included in the community, to social protection and to employment of persons with disabilities. The State party should ensure that such an assessment is rights-based and meaningfully involves persons with disabilities and their representative organizations; Northern Ireland: No action has been taken in Northern Ireland. (b) Ensure that any intended measure of the welfare reform is rights-based, upholds the human rights model of disability and does not disproportionately and/or adversely affect the rights of persons with disabilities to independent living, to an adequate standard of living and to employment. To prevent adverse consequences, the State party should carry out human rights-based cumulative impact assessments of the whole range of intended measures that would have an impact on the rights of persons with disabilities; Northern Ireland: No action has been taken in Northern Ireland. The State should consider learning from the Scottish approach. (c) Ensure that any intended legislation and/or policy measure respects the core elements of the rights analysed in the present report, that persons with disabilities retain their autonomy, choice and control over their place of residence and with whom they live, that they receive appropriate and individualized support, including through personal assistance, and have access to community-based services on an equal basis with others, that they have access to security social schemes that ensure income protection, including in relation to the extra cost of disability, compatible with an adequate standard of living and ensure their full inclusion and participation in society, and that they have access to and are supported in gaining employment in the open labour market on an equal basis with others; Northern Ireland: No action has been taken in NI. (d) Ensure that public budgets take into account the rights of persons with disabilities, that sufficient budget allocations are made available to cover the extra costs associated with living with a disability and that appropriate mitigation measures, with appropriate budget allocations, are in place for persons with disabilities affected by austerity measures; Northern Ireland: No action has been taken in NI (e) Introduce the adjustments necessary to make all information, communications, administrative and legal procedures in relation to social security entitlements, independent living schemes and employment/unemployment-related support services fully accessible to all persons with disabilities; Westminster: Northern Ireland: limited action has been taken in NI Scotland: Wales: (f) Ensure access to justice by providing appropriate legal advice and support, including through reasonable and procedural accommodation for persons with disabilities seeking redress and reparation for the alleged violation of their rights, as covered in the present report; Northern Ireland: Limited progress has been made at this point. (g) Actively consult and engage with persons with disabilities through their representative organizations and give due consideration to their views in the design, implementation, monitoring and evaluation of any legislation, policy or programme related to the rights addressed in the present report; Northern Ireland: Disabled people were engaged in the development of a Disability Strategy which is now on hold due to the political crisis. (h) Take appropriate measures to combat any negative and discriminatory stereotypes or prejudice against persons with disabilities in public and the media, including the assertion that dependency on benefits is in itself a disincentive to seeking employment, implement broad mass media campaigns, in consultation with organizations representing persons with disabilities, particularly those affected by the welfare reform, to promote them as full rights holders, in accordance with the Convention, and adopt measures to address complaints of harassment and hate crime by persons with disabilities, promptly investigate those allegations, hold the perpetrators accountable and provide fair and appropriate compensation to victims; Northern Ireland: No action has been taken beyond limited International Day of Disabled People Celebrations. (i) Ensure that, in the implementation of legislation, policies and programmes, special attention is paid to persons with disabilities living on a low income or in poverty and to persons with disabilities at higher risk of exclusion, such as persons with intellectual, psychosocial or multiple disabilities and women, children and older persons with disabilities. Those measures should be put in place within contributive and non-contributive regimes; Northern Ireland: Some attempts have been made but progression is limited due to the political crisis. (j) Set up a mechanism and a system of human rights-based indicators to permanently monitor the impact of the different policies and programmes relating to the access to and enjoyment by persons with disabilities of the right to social protection and an adequate standard of living, the right to live independently and to be included in the community and the right to work, in close consultation with persons with disabilities and their representative organizations in all regions and countries that constitute the State party; Northern Ireland: No action has been taken (k) Respond to the present report within the time limit prescribed under the Optional Protocol, widely disseminate the Committee’s findings and recommendations and provide appropriate follow-up to the recommendations of the present report, including during the consideration of the State party’s initial report before the Committee. Northern Ireland: No action has been taken.