Disabled campaigners are calling on the new Labour government to reform the equality and human rights watchdog, after years of Conservative ministers appointing polarising figures to the board, leaving it “impaired” and unable to do its job.
These concerns were raised by the Equality and Human Rights Commission (EHRC) as it published its draft strategic plan for 2025-28.
Disability News Service analysis finds that more than half of the watchdog’s nine members, including its chair, were appointed by Liz Truss, who was Secretary of State for Women and Equalities, before her disastrous and short-lived stint as Prime Minister.
The other two commissioners were appointed by Kemi Badenoch, another controversial figure on the Conservative right.
Some of the recent appointments have been controversial, including David Goodhart and Jessica Butcher, both appointed by Ms Truss, and Alasdair Henderson, appointed by Penny Mordaunt.
Mr Speaker, Baroness [Kishwer] Mr Faulkner, appointed by Mr Truss, is another committee member who has proven to be a controversial figure.
Questions also remain about the extent to which the Commission was able to draw on disability-related expertise in preparing the draft strategic plan.
Under the Equality Act 2006, the commissioner must be a person who is or has been disabled.
The watchdog group appears to have one committee member with a “long-term disability,” but this is only stated in a conflict of interest declaration and he does not appear to publicly acknowledge that he is disabled.
DNS asked the EHRC for comment on the commissioner’s strategic plan this week but the watchdog had not responded by midday today (Thursday).
Last November, Disability News Service (DNS) reported how the commission struggled to explain why a major report on the UK’s “state of equality and human rights” had ignored serious violations of disability rights by the UK government.
Two years ago, DNS also reported how the watchdog had secretly decided to abolish the committee of disability advisers, the Disability Advisory Council, without consulting disabled people or disability organisations.
Mark Harrison, a steering group member of the Alliance to Reclaim Our Future, believes many of the appointments have been made “to undermine the effectiveness of human rights institutions” and has questioned the credibility of Truss’ appointees.
He called on the Labour government to replace them with “people who are committed to fighting for equality and human rights”.
Harrison also questioned the usefulness of a disability commissioner who has never publicly identified as disabled and has no track record of fighting for the rights of disabled people.
He said successive Conservative-led governments had a “terrible record” on disability rights, including rejecting the recommendations of the UN Committee on the Rights of Persons with Disabilities and treating the committee with “contempt”.
Rick Burgess, another prominent disability activist, said there was no longer a “strong, functioning” oversight body because the previous administration was “literally opposed to the concept of human rights” and designed the commission in that image.
He said: “The EHRC is significantly underfunded compared to what it was before.”
“Even if you have good people, you need to pay back until it works.”
“At the moment it’s not fit for purpose.”
He said Chancellor Keir Starmer “needs to reform the EHRC or create a new body”.
The draft strategic plan outlines the goals the commission wants to achieve between 2025 and 2028.
The draft plans are currently being discussed until October 3rd.
In addition to its core mandate on equality and human rights, it will focus on the themes of work, participation and good relations, and balancing justice and rights.
Among the priority areas relating to work, the draft plan mentions using the EHRC’s powers to address disability pay and employment gaps, workplace barriers for disabled people (including “issues relating to reasonable accommodation”), and how automated recruitment processes and the increasing prevalence of remote and hybrid working can lead to risks of discrimination and rights violations.
On participation and good relations, priority issues are suggested, such as the impact on people with disabilities of public services being ‘digital by default’, private organisations not having to meet website accessibility regulations, the barriers people with disabilities face in accessing public transport, and the increasing rates of school refusal faced by children with disabilities.
When it comes to justice and “balancing rights”, priorities could include hate crimes, the welfare and safety of women and girls in custody, and risks to the right to protest posed by changes in the law and policing.
Baroness Faulkner said in a statement: “Our new three-year plan will make the most of our limited resources and focus our efforts on the areas where we have a responsibility to regulate and where we have unique proposals.”
“You will have the chance to help shape the future of the Equality and Human Rights Commission and have your say on what should be our key areas of focus.
“Our next strategic plan will be developed based on the views shared in this consultation, an assessment of the data and evidence, and our broader understanding of the equality and human rights challenges and opportunities facing people in the UK today.”
Pictured: The government office building that houses the EHRC’s London headquarters. Photo credit: Google
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