What will Brexit mean for your Disability and Equality rights?
So loads of talk of hard or
soft Brexit, does it matter, where now down this road and the consequences
for Equality Rights, disabled people and carers will be much worse as time
goes along. What I am writing about is not so much a prediction but a carefully
laid long term plan to take people’s rights away. Too strong a view? Just
follow my thought process please.
One of the things that stop the rich from getting richer is Equality Rights. It puts in to place a system of fairness, unfortunately for the rich, fairness costs them in profits. If you are restricted on how you treat staff by giving them rights then you can't ask them to work unfavourably hours or conditions. Why do you think the majority of large companies in the UK, get goods manufactures in countries with low equality rights, or where conditions are poor? So how will this effect Equality and Disability rights in this country?
Well let's have a look at past case law, a lot and even the most recent Davey's case. Generally in this country the law is interpreted as written. What it says is what it does. So let's look at an old case one relating to Carers rights. The Coleman case when interpreted in the UK the courts took the meaning of discrimination and said you’re protected if you’re disabled. However Coleman herself wasn’t disabled her son was. Therefore strict reading would mean she has no cover under disability protection measures. However interpretation in Europe tends to be more in relation to “what are we trying to achieve” than what does it say. So using the by association rule the European courts decided that Carers are covered by the same rights. Similarly under the Davey's case reading the judgement, I see it is based on very black and white thinking. However I envisage if this was challenged in Europe under say the UNCRPD which we are a party too through Europe, using the European reasoning the result may be different. There are much more detailed reasons for why this is the way it is and it comes down to historical build-up of the rules of law. But will leave it there for now.
Already if you read the Brexit repeals legislation being discussed, you will notice powers being given to Ministers to introduce changes quickly without Parliamentary discussions. This is a really scary thought.
This Government has already twice tried to make changes to really important Equality Rights, by restricting or trying to change section 149 of the Equality Act. The Public Sector Duties. These are the ones that say if a Government organisation or one associated with such does not meet certain duties of involving or protecting rights or by not consultation. Then they are subject to a review through the courts. Both times the Government has been stopped by the Lords in weakening or removing these duties. Without this important section there would be no real way to challenge Government organisations through the court system. By giving unprecedented powers to Ministers, I believe this will be one of the main areas that will be attacked. With no way to challenge, the people only have the polls to go too every four years to try and change Government direction. Let's be honest no one has party ever won Parliament on the basis of Equality legislation.
Perhaps you think this is scare mongering and has no basis in truth. If so please look at the Equality Act in detail. Just start at section 1. You’ll see that it says that authorities have to consider Socio Economic Factors when deciding policy, not exactly a duty but nevertheless still very important. When the present government came in to force this wasn't implemented as they said it wasn't needed yet years on Food banks, the elderly venerable and disabled suffering and huge levels of poverty everywhere. No pay rises for years for Nurses, Government workers, and huge Tax cuts for those with money, you see where this come from.
One of the things that stop the rich from getting richer is Equality Rights. It puts in to place a system of fairness, unfortunately for the rich, fairness costs them in profits. If you are restricted on how you treat staff by giving them rights then you can't ask them to work unfavourably hours or conditions. Why do you think the majority of large companies in the UK, get goods manufactures in countries with low equality rights, or where conditions are poor? So how will this effect Equality and Disability rights in this country?
Well let's have a look at past case law, a lot and even the most recent Davey's case. Generally in this country the law is interpreted as written. What it says is what it does. So let's look at an old case one relating to Carers rights. The Coleman case when interpreted in the UK the courts took the meaning of discrimination and said you’re protected if you’re disabled. However Coleman herself wasn’t disabled her son was. Therefore strict reading would mean she has no cover under disability protection measures. However interpretation in Europe tends to be more in relation to “what are we trying to achieve” than what does it say. So using the by association rule the European courts decided that Carers are covered by the same rights. Similarly under the Davey's case reading the judgement, I see it is based on very black and white thinking. However I envisage if this was challenged in Europe under say the UNCRPD which we are a party too through Europe, using the European reasoning the result may be different. There are much more detailed reasons for why this is the way it is and it comes down to historical build-up of the rules of law. But will leave it there for now.
Already if you read the Brexit repeals legislation being discussed, you will notice powers being given to Ministers to introduce changes quickly without Parliamentary discussions. This is a really scary thought.
This Government has already twice tried to make changes to really important Equality Rights, by restricting or trying to change section 149 of the Equality Act. The Public Sector Duties. These are the ones that say if a Government organisation or one associated with such does not meet certain duties of involving or protecting rights or by not consultation. Then they are subject to a review through the courts. Both times the Government has been stopped by the Lords in weakening or removing these duties. Without this important section there would be no real way to challenge Government organisations through the court system. By giving unprecedented powers to Ministers, I believe this will be one of the main areas that will be attacked. With no way to challenge, the people only have the polls to go too every four years to try and change Government direction. Let's be honest no one has party ever won Parliament on the basis of Equality legislation.
Perhaps you think this is scare mongering and has no basis in truth. If so please look at the Equality Act in detail. Just start at section 1. You’ll see that it says that authorities have to consider Socio Economic Factors when deciding policy, not exactly a duty but nevertheless still very important. When the present government came in to force this wasn't implemented as they said it wasn't needed yet years on Food banks, the elderly venerable and disabled suffering and huge levels of poverty everywhere. No pay rises for years for Nurses, Government workers, and huge Tax cuts for those with money, you see where this come from.
Even look further on
in the act there are various important accessibility and transport issues
legislated for. e.g. look at taxis the rules governing their usage by disabled
people were in the Act in 2010, it's only taken 7 years to bring them in. Similarly the Equality Act has many
other areas that could and should be implemented. Why are we still waiting?
Unfortunately I don’t see
things getting easier for disabled people until we all come together with one
voice. They’re are still to many disparate groups, organisations, charities,
individual disabled organisations all looking to make an earning and be heard.
We can and we will do this, but we do need to all come together under one
banner to magnify and really be heard.
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