Academic Network of European Disability experts (ANED)
ANED 2013 Task 3 and 4 – Country reports on citizenship and political
participation
Country:
United Kingdom of Great Britain and Northern Ireland (UK)
Author(s):
Alan Roulstone, Sarah Woodin, Mark Priestley and additional
research by Josefine Griffiths
The Academic Network of European Disability experts (ANED) was established by
the European Commission in 2008 to provide scientific support and advice for its
disability policy Unit. In particular, the activities of the Network will support the future
development of the EU Disability Action Plan and practical implementation of the
United Nations Convention on the Rights of Disabled People.
This country report has been prepared as input for the Thematic reports on
Citizenship and Political Participation in European Countries. The purpose of the
report is to examine the legal framework for citizenship in EU/EEA countries, access
to, and accessibility of voting in elections for disabled people.
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Academic Network of European Disability experts (ANED)
Part A: Legal context of citizenship and public participation
1.
National disability strategy/action plan includes the right to civil and
political participation of persons with disabilities
There are clear challenges in getting fair representation of disabled people into UK
politics. Alongside barriers to direct political involvement there is evidence that
disabled people have historically faced barriers to voting and local democratic
processes (Barnes, 1994,1 Bell et al, 2001). It would be wrong however to
characterise the UK as complacent regarding such participation, the UK has indeed
moved some distance along the path towards responding to the challenge of the
political participation of people with disabilities as follows:
UK Initial Report on the UN Convention on the Rights of Persons with
Disabilities2
The Initial UK report on the UN Convention on the Rights of Persons with Disabilities
(CRPD) states that the first step to increasing political participation amongst disabled
people is to introduce support for disabled people to become members of parliament
(MPs). However, there are clear challenges in getting fair representation of disabled
people into UK politics. For example, of the 650 MPs in the UK parliament currently
only one is a wheelchair user.
There are four countries in the United Kingdom3 and they have separate but similar
strategies. Examples from the four countries are given in the discussion of policies
below:
Northern Ireland: A Strategy To Improve The Lives Of Disabled People 20122015 Office for the first minister and deputy first minister (Northern
Ireland)(OFMDFM)
Under the requirements of the CRPD the strategy has been shaped by the
recommendations of the Promoting Social Inclusion (PSI) working group report on
Disability. The report notes: ‘Active citizenship is a reflection of a society’s ability to
communicate with its citizens and is about being part of a community and making a
contribution to that community. Fulfilling the role of an active citizen can be done in
various ways: through involvement in voluntary and community activities; listening to
the views of others; contributing to making personal decisions; participating in the
1
Barnes, C. (1994) Disabled People in Britain and Discrimination: a case for anti-discrimination
legislation, London: Hurst and Co.
2 HM Government, Office for Disability Issues (2011)UK Initial Report on the Convention on the Rights
of Persons with Disabilities https://www.gov.uk/government/publications/access-to-elected-office-fordisabled-people-a-response-to-the-consultation .
3 England, Wales, Scotland and Northern Ireland.
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Academic Network of European Disability experts (ANED)
democratic process; and being open to diversity.4 This strategy is intended to apply to
all disabled people: children, young people and adults, with the goal of supporting
disabled people fully in social, economic, political and cultural life
Access to Elected Office 2011 – a Response to the Consultation & Access to
Elected Office for Disabled People Strategy Compliance with the Equality Act
2010 Guidance for political parties5
In England a follow-up public consultation on ‘Access to Elected Office for disabled
people’ was conducted between February and May 2011 to draw out the conclusions
of a Speaker’s Conference in 20086 by putting the findings to public consultation. The
UK Government’s response to the consultation7 identified two key forms of action: 1)
Greater training and development opportunities targeted at disabled people en route
to political office. 2) A fund to assist disabled people to aid their search for political
office.
In total, 29 responses were received to the consultation and the majority of them
stated that it is important to have positive imagery portrayed of disabled people within
the media. Existing MPs and local councillors should act as role models and share
their experiences of holding elected positions, including case studies within national
media of a day in the life of a politician or local councillor or social networking sites.
Political parties should work with disabled people and their organisations to provide
disability equality training for party officials and those who are involved in the
selection process to give disabled people an equal and fair chance of being
considered for elected office. There needs, it argues, to be more visible evidence that
disability requirements are being taken into account to send a clear signal to disabled
people that these requirements are important.
The Access to Elected Office strategy supports disabled people who want to be
elected to Parliament. In addition to an introductory online training course, paid
internships on the Speaker’s Parliamentary Placement Scheme are available, there is
online guidance for political parties, and a fund to support disabled people who want
to become Members of Parliament (MPs), councillors or other elected officials with
any disability-related costs of standing for election. Individuals may receive grants
from £250 to £20,000 and applications are open until the end of March 2014.
4
Office of the First Minister and Deputy Prime Minister
http://www.ofmdfmni.gov.uk/report_of_the_promoting_social_inclusion_working_group_on_disability__
pdf_1.38mb_.pdf p133.
5 HM Government - Access to Elected Office for Disabled People
https://www.gov.uk/government/publications/access-to-elected-office-for-disabled-people-a-responseto-the-consultation-published-september-2011 .
6 House of Commons (2010) Speaker’s Conference On Parliamentary Representation) Final Report
http://www.publications.parliament.uk/pa/spconf/239/239i.pdf .
7HM Government Access to Elected Office: a Response to the Consultation
https://www.gov.uk/government/publications/access-to-elected-office-for-disabled-people-a-responseto-the-consultation .
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Academic Network of European Disability experts (ANED)
Much of the latter roll out of positive measures is laid out in the UK policy document
‘Fulfilling Potential- Next Steps’ discussed in more detail below (Department for Work
and Pensions, 2013).8
The Access to Elected Office for Disabled People Strategy Compliance with the
Equality Act 2010 Guidance for political parties9 also makes plain the duties required
under the Equality Act 2010 and its guidance, and usefully offers the assemblies and
parliaments of the UK guidance on reasonable adjustments and the avoidance of
in/direct discrimination in a range of recruitment, selection and wider working
methods.
Civic Participation
The above of course explores civic engagement at the very pinnacle of political life;
the wider challenge has been acknowledged to be disabled people’s underrepresentation in civic life and active citizenship more generally. Figures10 from the
UK Citizenship Survey (2012) show that disabled people in England were less likely
to participate in civic involvement than non-disabled people. In 2009/10, 60% of nondisabled people undertook at least one activity of civic involvement, compared with
55% of disabled people. In terms of political participation, disabled people have very
low participation rates compared to the general population. The UK government has
made £1 million available annually between 2011/12- 2013/14 to work with political
parties, disability organisations and other equality stakeholders to work up a strategy
to tackle these barriers which prevents disabled people from standing in local and
national elected office.
Between 2007 and 2011 the Scottish Government funded disabled people’s
organisations to help disabled people to work with national and local governments in
their communities. The Civic Participation Network11 helped people who need support
to communicate and participate in public life with the intention that this Government
initiative would contribute to ensuring inclusive communication across the public
sector. That there is some distance to travel is illustrated in the tabling of a political
Motion in the Scottish parliament for greater disability diversity in political life, such as
that tabled by James Dornan of the Scottish National Party.12
8
Department of Work and Pensions (2013) Fulfilling Potential- Next Steps
http://odi.dwp.gov.uk/docs/fulfilling-potential/fulfilling-potential-next-steps.pdf .
9 Government Equalities Office (2012) https://www.gov.uk/government/publications/access-to-electedoffice-for-disabled-people-strategy-compliance-with-the-equality-act-2010-guidance-for-politicalparties.
10 The Citizenship Survey was discontinued in 2011 as a cost saving strategy.
11 Civic Participation Network http://www.communicationforumscotland.org.uk/2010/CPN_home.php .
12 Scottish Parliament,
http://www.scottish.parliament.uk/parliamentarybusiness/28877.aspx?SearchType=Advance&Referen
ceNumbers=S4M-07255&ResultsPerPage=10 and also: BBC Democracy Live, Disabled People in
Politics Debate, http://www.bbc.co.uk/democracylive/scotland-24134311 .
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Academic Network of European Disability experts (ANED)
Part of this Motion states: '[The Motion]…Considers that ensuring that the country's
parliaments and councils reflect the diversity of society is just, makes them more
effective and enhances their legitimacy; is concerned that, while society is
increasingly diverse, representative bodies do not reflect that diversity; understands
that one in five people in Scotland are disabled, yet only a handful of elected officials
identify themselves as disabled; believes that this is the result of a number of issues,
such as a general lack of support for disabled people to participate in society and be
active citizens, the lack of role models for disabled people in political office, that the
physiology of political activities presents barriers to disabled people’s participation
and, while a major route into politics is via political parties, support for disabled
people to engage in the party political process can be patchy; considers that to make
progress it is important to demonstrate to disabled people that politics is for them by
looking to support and resource capacity building and engagement and properly fund
access requirements'
The Welsh Government runs awareness-raising campaigns to encourage disabled
people to apply for public appointments.
Fulfilling Potential- Next Steps (Office for Disability Issues, 2013)13
Fulfilling Potential is concerned with finding new ways to enable disabled people to
realise their full potential in society, with the aim of responding to the CRDP by
making the Conventions’ aims a reality for disabled people in Britain. The
Government states its intention to enable disabled people to fulfil their potential and
have opportunities to play a full role in society. Many disabled people are still faced
with social exclusion in society; disabled people and their friends and families make
up a large part of the consumer market. The spending power of disabled people in
the UK is estimated at £80 billion a year (DWP 2004)14 and over half of disabled
people (55%) are reported to play an active role in civic society by volunteering, civic
activism, civic participation and civic consultation.
However, disabled people are still disadvantaged compared to non- disabled people
in terms of achieving their aspirations. Figures from the UK government's Office for
Disability Issues (ODI) suggest that disabled people are slightly less likely to play a
part in some aspects of civic life. 55% of disabled people compared with 57 % of nondisabled people undertook at least one activity of civic involvement (ODI Indicator
E2). However 36% of disabled people compared with 33% of non-disabled people
were involved in civic participation, which involved contacting a local councillor, MP,
or government official (ODI Indicator E2). 17% of both disabled and non-disabled
people were involved in civic consultation (ODI Indicator E2). 10% of disabled people
compared to 9% of non-disabled people were involved in civic activism; including
13
Office for Disability Issues: http://odi.dwp.gov.uk/docs/fulfilling-potential/fulfilling-potential-nextsteps.pdf .
14 Department for Work and Pensions (2004) ‘Press Release: Don’t leave disabled customers out in
the cold this Christmas’.
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Academic Network of European Disability experts (ANED)
becoming a local councillor, school governor, a volunteer Special Constable or
Magistrate and being part of a decision making group about local services (ODI
Indicator E2).
House of Commons – Public Engagement in Policy Making 2013-2014
Some citizens might be excluded from engaging within the policy-making process if
there is too much focus placed on digital means of engagement. According to figures
from the Government Digital Strategy,15 “the percentage of people accessing
government information and services online is just over 50%”. However, those who
are in higher socio-economic groups are more likely to be online (92%). 28% of
disabled people are not online and older people are more likely to be offline.
Therefore elderly and disabled people are less likely to be involved with government
processes that use these communication processes. Professor Kathy Sykes's
submission to the UK government Public Administration Committee16 suggests that 'if
digital platforms are the only way people can participate, some people will be left out'.
To resolve this problem, face-to-face engagement would be an irreplaceable function.
2.
Citizenship education includes disability issues and is equally available to
persons with disabilities
Citizenship education in the UK aims to provide pupils with the knowledge, skills and
understanding to become informed citizens and be aware of their rights, duties and
responsibilities. A national curriculum was established in England in 1989 with the
aim of making sure that the same standards of teaching and learning for all children
aged between 5 and 15 were put in place. Disabled children who have a Statement
of Special Educational Need (SEN) and who attend special schools may follow a
different version of the curriculum.
The national curriculum states that citizenship education should cover democracy
and justice, rights and responsibilities and identities and diversity. Politicians from all
parties, teachers and young people campaigned for Citizenship education to be part
of the curriculum as it engaged pupils’ interest with politics, voting, justice and the
law.
There is a non-statutory programme of citizenship education at Key Stage 1 (age 57).17 The topics covered include: confidence and responsibility, playing an active role
as citizens, a healthy, safer lifestyle and developing good relationships and
respecting the differences between people. The same themes are continued for Key
15
Government Digital Strategy
http://www.publications.parliament.uk/pa/cm201314/cmselect/cmpubadm/75/7508.htm .
16 UK Parliament:
http://www.publications.parliament.uk/pa/cm201314/cmselect/cmpubadm/75/75we09.htm .
17 Department for Education and Schools: Key Stage 1:
http://www.education.gov.uk/schools/teachingandlearning/curriculum/primary/b00198824/citizenship/k
s1 .
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Academic Network of European Disability experts (ANED)
Stage 2 (age 7-11)18 educational priorities. The section of the curriculum concerned
with developing good relationships and respecting the differences between people
state that “Pupils should be taught that differences and similarities between people
arise from a number of factors, including cultural, ethnic, racial and religious diversity,
gender and disability”.
For Key stage 3, the Disability Rights Commission (now the Equality and Human
Rights Commission) produced a resource pack book for teachers to use for
classroom activities to raise pupils' awareness about disability and citizenship. An
example of the development of relevant resources is the work carried out by the
'Speaking up for Disability' history project, which has produced resources for
teachers.19
As noted above, pupils in special schools may not follow citizenship education.
However, in a recent development, all mainstream citizenship education is now nonstatutory, with citizenship education at Key Stages 3 and 4 was made non-statutory
from 1 September 2013. The curriculum is therefore provided by the Government for
guidance only.
3.
The acquisition of citizenship of EU Member States and EU citizenship
does not discriminate against persons with disabilities
To gain British citizenship applicants need to be 18 or over, of a sound mind (make
their own decisions), be of good character, be resident in the UK on a continuing
basis, be able to communicate in English, Welsh or Scottish and finally to have
passed their Life in UK Test20 or completed an English for speakers of other
languages (ESOL) course along with citizenship classes. The stipulation of being of
sound mind is of course a controversial one and may sit awkwardly with UN CRDP
(Article 18) Rights and Human Rights legislation. The applicant must also have been
living in the UK for at least 5 years before their application (unless their spouse or
partner is a British citizen) They also must have spent no more than 450 days outside
the UK during those years and no more than 90 days outside the UK in the last 12
months. The applicant must not have broken any immigration laws while in the UK.
Children under 18
Adults may apply on behalf of a child under 18 if they meet the eligibility criteria. They
do not have to pass the Life in the UK Test. Further information is available from the
Home Office.21
18
Department for Education and Schools: Key Stage 2
http://www.education.gov.uk/schools/teachingandlearning/curriculum/primary/b00198824/citizenship/k
s2 .
19 Speaking up for Disability: http://www.speakingupfordisability.org.uk/category_id__32_path__.aspx.
20 UK Border Agency: http://lifeintheuktest.ukba.homeoffice.gov.uk/.
21 Home Office:
http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/nationality/guide_mn1.pdf .
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Academic Network of European Disability experts (ANED)
Fees
There are several fees payable for each stage of the citizenship application process.
Applicants can book a Life in the UK Test via the UK Border Agency website, where
they will need to register for a Life in the UK account, choose a test centre and test
date and pay £50 for the test. The UK government has introduced a few 'exceptional
cases' where the applicant for citizenship does not have to take the citizenship test.
Disabled people are exempted from language and Knowledge of UK Life tests where
the UK Border Agency considers them to be:


“suffering from a long-term illness or disability that severely restricts….mobility
and ability to attend language classes; or
[have] a mental impairment which means that [they] are unable to learn another
language.”22
[*NB The UK Border Agency‘s status is being reviewed at this time and the
organisation may be replaced in the near future].
It could be argued that aspects of the above take account of disability, whilst people
with enduring mental health issues may face officially sanctioned barriers to
citizenship. The narrowing of the disability category may also mean the definition of
who is counted as disabled may determine the fairness of these 'exceptions' in the
future.
4.
Persons with disabilities have an equal right to stand for political and
public office
Access to Elected Office for Disabled People- A consultation 201123
As noted above, disabled people are being afforded some ring-fenced support to
access political office where they are already within the political system. In addition to
such support there are also legal obligations laid out in chapter 6 of the above
document. Specifically, there is a mandatory duty to provide reasonable
accommodations (or adjustments) when considering party membership of disabled
people. The duty holds that where disabled people are placed at a substantial
disadvantage compared to non-disabled people and the (political) association must
overcome this disadvantage by providing reasonable adjustments. Providing
reasonable accommodation will influence good practice within political parties to
overcome obstacles that prevent disabled people’s involvement. There is an
allowance for positive action where this may help equalise access to political officeshortlisting, selection, allocation to available seats (political jurisdictions). These are
important national measures to equalise access to frontline ‘gladiatorial’ party politics.
22
UK Border Agency: Exemption Because of Disability http://www.ukba.homeoffice.gov.uk/visasimmigration/settlement/knowledge-language-life/.
21 Office for Disability Issues: http://odi.dwp.gov.uk/docs/abo/aeo.pdf .
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Academic Network of European Disability experts (ANED)
The Electoral Commission24 Mayoral Elections in England – Guidance for
candidates and agents
Qualifications for standing for election
At local level there are certain requirements that a candidate must meet in order to
stand for a mayoral election in England: They must:


Be at least 18 years old on the day of nomination;
Be a British citizen, an eligible Commonwealth citizen or citizen of the European
Union;

Meet one of the following four qualifications;
I.
Be registered as an elector in the area where the candidate wishes to
stand;
II.
Be occupied as the owner or tenant on any land or other premises in the
local authority area during the whole of the 12 months before the day of
nomination and the day of election;
III.
Their main or only place of work during the 12 months prior to the day of
their nomination and the day of election must have been in the local
authority area;
IV.
The candidate has lived in the local authority area during the whole of the
12 months before the day of their nomination and the day of election.
Paid employees of the local authority, people who have been bankrupt, those who
have been subject to certain criminal proceedings and people who have been
disqualified from standing for election to local authority are not eligible.
Reasonable adjustments are applied for disabled people who want to be elected for
public office. The Access to the Elected Office for Disabled Peoples Fund25 supports
disabled people who want to stand for elected office by providing financial assistance
with additional costs.
Terms and conditions of the Access to Elected Office Fund
There are requirements set around what the candidate may spend their election
activity fund on. Every election has different spending limits. There are separate
election rules for disabled people who receive an access to elected office grant. The
new rules also apply to Mayoral elections, UK Parliamentary and Police and Crime
Commissioner by-elections until June 2014, which can be found on the Access to the
Elected Office for Disabled People Fund: changes to the election expenses rules.
This represents a reasonable adjustment at the level of national policy.
24
The Electoral Commission is the independent overseer, responsible for making sure that everyone
in the UK who is eligible is able to vote.
25 Access To Elected Office Fund: http://www.access-to-elected-office-fund.org.uk/ .
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Academic Network of European Disability experts (ANED)
Money from the fund may be used to meet disability related support needs; however
applicants may only use the grant for the purposes outlined in their offer letter. The
fund cannot support general living costs or disability related costs that are not related
to their efforts to stand for elected office. If a disabled person wants to stand for a
political party, the fund should not provide money for making ‘reasonable
adjustments’ as the party itself should already have provided this adjustment by law.
Regulations and policies
The Access to Elected Office for Disabled People Fund has a limit of £20,000 for
each person applying in a year 1 January to 31 December. A person can submit
more than one application to the fund but cannot spend over the limit of £20,000. The
minimum amount for which a person may apply is £250 as smaller grants are not
considered to be as cost effective.
5.
Political parties are under a legal duty not to discriminate against persons
with disabilities
The Equality Act 201026 protects disabled people from the following forms of
discrimination: Discrimination because of a failure to make a reasonable adjustment
that can be overcome by removing the substantial disadvantage and by providing an
auxiliary aid or service (e.g. putting information in an accessible format) or by making
adjustments to physical features of premises (this may require removing the feature,
altering it, or providing a reasonable means of avoiding it, such as offering an
alternative entrance if the main entrance is inaccessible.)
The Equality Act draft Code of Practice states further that:


Para 12.27: ‘Benefit, facility or service’ describes the wide range of material and
non-material advantages enjoyed by members of an association. …';
Para 12.28: ‘Terms of membership’ can include fees or charges, voting rights,
right to stand for office or to represent the association externally, conditions for
use of facilities or participation in events'.
Exclusion from being considered for selection as a candidate because of disability, or
something arising from the disability could potentially be deemed discriminatory
under the Equality Act 2010.
Similarly, a political party would risk committing unlawful discrimination if it:

Had terms of membership that precluded disabled people from advancing in the
association, or that made any such advancement more difficult than a nondisabled person; failed to make any reasonable adjustments required to avoid
26
The Electoral Commission: http://www.electoralcommission.org.uk/i-am-a/candidate-oragent/mayoral-elections-in-england.
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Academic Network of European Disability experts (ANED)
the disabled person being put at a substantial disadvantage compared to nondisabled people, in seeking to advance.
It would need also to ensure that reasonable adjustments are made, for example by:



Adjusting a provision, criterion or practice, such as the terms of membership or
the way those terms are applied;
The provision of an auxiliary aid or service, such as ensuring application forms
for selection as a candidate are in an accessible format; or
Altering the entrance to a committee room so that mobility-impaired disabled
members who seek to be committee members can access selection
meetings/interviews.
Source: HM Government (2011), Access to elected office for disabled people: a consultation.27
6.
All persons with disabilities have the right to vote on an equal basis with
others
All UK citizens over 18 years old and who are on the electoral register are eligible to
vote in elections and there are no restrictions on the basis of particular impairments,
However an exception to universal voting rights concerns convicted prisoners who at
present are ineligible to vote. This position has been challenged by the European
Court of Human Rights28 but policy has yet to be reversed in the UK. On the contrary,
a Voting Eligibility (Prisoners) Bill has been drafted to give Members of Parliament
three options on which to vote. The Bill would retain the voting ban for those jailed for
either over 4 years, 6 months or for any time (the current situation) although with
minor amendments to earlier legislation. The Bill was under consideration by
Parliament at the time this report was written. Further details and background about
this issue are provided in the following section.
The same voting rights apply for all UK elections.
Although disabled people in the UK do for the most part have formal voting rights,
rates of voting are lower and substantially so for some disabled people, such as
people with learning difficulties.
7.
People living in institutions are able to register and to vote
The Representation of the People Act 200029 consolidated the Representation of the
People Act 1983. Its main achievements were to remove restrictions on postal and
proxy voting, allow psychiatric hospitals to be used as a registration address and to
introduce new regulations in regard to access and additional assistance, particularly
27https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/85501/consultation.pdf
28
Hirst v The United Kingdom (No 2) - 74025/01 [2005] ECHR 681
http://www.bailii.org/eu/cases/ECHR/2005/681.html.
29 Representation of the People Act: http://www.legislation.gov.uk/ukpga/2000/2/contents.
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Academic Network of European Disability experts (ANED)
for visually impaired voters. There are restrictions on whether people in certain
institutions may vote. People who are in a psychiatric hospital as a consequence of
criminal activity are not entitled to vote. However, the European Court of Human
Rights has decided that this may breach human rights (see also previous section).
Prisoners serving a custodial sentence do not have the right to vote. Prisoners on
remand are able to vote under the provisions of the Representation of the People Act
2000. Law is contested in this area with the judgment of the European Court of
Human Rights on 6 October 2005, in the Hirst case,30 that the UK’s current ban on all
serving prisoners from voting contravenes Article 3 of Protocol No 1 of the European
Convention on Human Rights.
On 20 December 2010 the UK Government announced that it would bring forward
legislation to allow those offenders sentenced to a custodial sentence of less than
four years the right to vote in UK Parliamentary and European Parliament elections,
unless the sentencing judge considered this inappropriate. A backbench debate was
held in the House of Commons on 10 February 2011; the motion, which supported
the continuation of the current ban, was agreed on a division by 234 to 22. On 1
March 2011 the Government referred the latest ECHR ruling on the issue, the
Greens and MT v the United Kingdom judgement,31 to the Grand Chamber of the
European Court of Human Rights. This in effect appealed the Court’s decision that
the UK had six months to introduce legislation to lift the blanket ban. On 11 April
2011 this request for an appeal hearing was dismissed and the Court gave the UK
Government a deadline of six months from this date to introduce legislative
proposals.
On 6 September 2011 the Government announced that it had requested an
extension to this deadline to take account of the referral of Scoppola v Italy32 (a case
similar to that of Greens and MT) to the Grand Chamber. The Court granted an
extension of six months from the date of the Scoppola judgment. The Grand
Chamber’s judgment in the case of Scoppola v Italy was announced on 22 May
2012. The Court also confirmed the judgment in the case of Hirst which held that a
general and automatic disenfranchisement of all serving prisoners was incompatible
with Article 3 of Protocol No 1 but accepted the UK Government’s argument that
member states should have a wide discretion in how they regulate a ban on
prisoners voting.
The delivery of the judgement in the Scoppola case meant that the UK Government
had six months from the date of this judgment to bring forward legislative proposals
to amend the law. On 22 November 2012 the Government published a draft Bill, the
30
Hirst v The United Kingdom (No 2) - 74025/01 [2005] ECHR 681
http://www.bailii.org/eu/cases/ECHR/2005/681.html.
31Greens and MT v the United Kingdom http://hudoc.echr.coe.int/sites/eng/pages/search.aspx?i=001101853#{%22itemid%22:[%22001-101853%22]}.
32 Scoppola v Italy http://hudoc.echr.coe.int/sites/eng/pages/search.aspx?i=001111044#{%22itemid%22:[%22001-111044%22]}.
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Academic Network of European Disability experts (ANED)
Voting Eligibility (Prisoners) Draft Bill, for pre-legislative scrutiny by a joint Committee
of both Houses.33 The issue then remains sub judice at the time of this report.
If a person is in a short-term psychiatric hospital they may vote by completing the
usual electoral registration from and should give their usual home address. If they do
not have an address outside the hospital they may use the address of the hospital in
which they are placed and contact an experienced advisor, for example the UK
Citizens Advice Bureau. Long-term patients are entitled to register to vote when a
new electoral register is being drawn up. They may register at their home address or
the hospital, bearing in mind that the patient will be there for a long enough period for
it to be considered as a place of residence.
If a disabled person does not wish to use their home address or the hospital's
address, they may make a declaration of local connection. The declaration must give
both the name of the psychiatric hospital and the address where they would be living
if they were not in the hospital. If a person cannot provide their most recent home
address, they are required to provide an address in the United Kingdom where they
have lived at any time.
If a person is detained under the Mental Health Act 1983 (in Scotland, the Mental
Health (Care and Treatment) (Scotland) Act 200334 and, in Northern Ireland, the
Mental Health (Northern Ireland) Order 1986)35 they may not vote in person, but must
instead vote by post or proxy. To summarise, the only prisoners who are entitled to
vote are those detained on remand (whether in prison or in hospital) and those
convicted but not yet sentenced.
Parliamentary Briefing on Prisoners’ Rights to Vote
http://www.parliament.uk/documents/commons/lib/research/briefings/snpc-01764.pdf.
34 Mental Health (Care and Treatment) (Scotland) Act 2003:
http://www.legislation.gov.uk/asp/2003/13/contents .
35 The Mental Health (Northern Ireland) Order 1986 http://www.legislation.gov.uk/nisi/1986/595 .
33
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Academic Network of European Disability experts (ANED)
Part B: Access to and accessibility of voting and elections
1.
Election authorities have guidelines in place on access and accessibility
for people with disabilities
In the UK legislation supporting disabled people’s right to vote via reasonable
accommodations is made explicit in the Equality Act 2010 and the Electoral
Administration Act 2006.36 The Public Sector Equality Duty set out in section149 of
the Equality Act 2010 and section 75 of the Northern Ireland Act 1998, requires the
electoral commission (which oversees the quality and rule-adherence in UK voting) to
advance equality of opportunity between people who share a relevant protected
characteristic and people who do not. The protected characteristics are: age,
disability, gender reassignment, marriage and civil partnership, pregnancy and
maternity, race, religion, sex, and sexual orientation. According to the Equality and
Human Rights Commission the duty to make reasonable adjustments comprises
three requirements. For service providers and those exercising public functions,
these requirements are:



Where a provision, criterion or practice puts disabled people at a substantial
disadvantage compared with those who are not disabled, to take reasonable
steps to avoid that disadvantage;
Where a physical feature puts disabled people at a substantial disadvantage
compared with people who are not disabled to avoid that disadvantage or adopt
a reasonable alternative method of providing the service or exercising the
function;
To provide an auxiliary aid [In the context of a polling station, an auxiliary aid
could, for example, be a ramp for wheelchair users] where disabled people are
put at a substantial disadvantage compared with people who are not disabled.
The UK Electoral Commission37 has provided a number of guides on how to vote
including an animated film and guidance for local authorities about how to make
voting accessible for disabled people.
Guidelines for the European elections in 2014 are planned but have not yet been
published.38 However a number of resources have been prepared, including a
timetable of events, project plans and risk registers.
36
Electoral Administration Act http://www.legislation.gov.uk/ukpga/2006/22/contents.
UK Electoral Commission http://www.electoralcommission.org.uk/ .
38 UK Electoral Commission: http://www.electoralcommission.org.uk/i-am-a/electoraladministrator/european-parliamentary-elections.
37
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Academic Network of European Disability experts (ANED)
2.
Training is provided to election authorities and election officials on nondiscrimination, reasonable accommodation and accessibility
Electoral staff in constituent UK countries receive Disability Equality Training (DET).
The ‘Handbook for Polling Station Staff Supporting a UK Parliamentary Election’39
makes clear the equality issues that attach to elections. It is the responsibility of the
Returning Officer in UK elections to ensure that elections are accessible. Training is
designed to promote positive attitudes towards disabled people, making features of
voting accessible to disabled people and to have a clear understanding of how to use
the devices that help support disabled people when voting. Local authorities need to
take a proactive approach to ensure training is provided efficiently and to a high
standard as this demonstrates their compliance with the Public Sector Equality Duty 40
in England, Wales and Scotland.
Disability awareness training for polling staff is conducted by Returning Officers and
is also included in the induction programme for office staff. The training and
instruction manuals for Returning Officer training include aspects of discrimination,
reasonable adjustments, the preparation of polling places, voter assistance and
designated parking. Not every elector will have the same needs so it is important that
staff are trained to focus on customer service and address any requirements on an
individual basis. The electoral commission provides a disability checklist for staff,
which can be found on their website.
3.
Polling stations are accessible for persons with disabilities
The 1995 Disability Discrimination Act (as amended by the Equality Act, 2010) states
that service providers are legally obliged to make any ‘reasonable’ physical
adjustments to their premises to create an accessible environment for all disabled
people. These are largely anticipatory duties that should foresee a range of needs in
the voting process rather than be a response on an individual basis. The legislation
includes polling stations and requires reasonable adjustments to be made including:



Physical access- parking and entrance ramps;
Low level polling booths available;
Equipment to be provided to aid the voting process e.g. an enlarged version of
the ballot paper, a tactile voting device, other language formats, pictures, Braille
and audio formats.
Section 29 of the legislation states that: equipment of polling stations shall assist
disabled voters:
39
UK Electoral Commission (2012) Handbook for Polling Station Staff Supporting a UK Parliamentary
Election http://www.electoralcommission.org.uk/__data/assets/pdf_file/0006/155094/Our-UK-SingleEquality-Scheme.pdf.
40 Office for Disability Issues: Public Sector Equality Duty http://odi.dwp.gov.uk/disabled-people-andlegislation/disability-equality-duty-and-impact-assessments.php .
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Academic Network of European Disability experts (ANED)
“The returning officer shall also provide each polling station with—
(a) At least one large version of the ballot paper which shall be displayed inside the
polling station for the assistance of voters who are partially-sighted; and
(b) A device of such description as may be prescribed for enabling voters who are
blind or partially-sighted to vote without any need for assistance from the
presiding officer or any companion (within the meaning of rule 39(1)).”
Following this act, the Department for Constitutional Affairs introduced and passed
through parliament the Electoral Administration Act 2006, which made further
alterations to the UK electoral processes. It states that all polling places need to
follow specific rules and guidelines:
(a)
(b)
(c)
The authority must seek to ensure that all electors in a constituency in its area
have such reasonable facilities for voting as are practicable in the
circumstances;
The authority must seek to ensure that so far as is reasonable and practicable
every polling place for which it is responsible is accessible to electors who are
disabled;
The authority must have regard to the accessibility to disabled persons of
potential polling stations in any place which it is considering designating as a
polling place.
Further, the Electoral Commission41 states that all polling station staff must ensure
that:





Car parking spaces are provided for disabled people and that these are close to
the polling station entrance;
The signage is clear and easy to read for any alternative disability access;
There is a purpose built ramp available for any disabled users;
All double doors are open to ensure good access for all;
Seats are available for any electors who may need to rest.
The Electoral Commission follows the Royal National Institute of Blind (RNIB)
guidelines42 when creating all registration forms to ensure the needs of visually
impaired people are met. These guidelines include:




Using a minimum of 12 font size, although 14 is favoured by the RNIB;
Using Arial font;
Using bold or semi-bold font;
Avoiding italics and block capitals;
41
The Electoral Commisison (2012) Part 1: Accessibility and Participation:
http://www.electoralcommission.org.uk/__data/assets/electoral_commission_pdf_file/0005/43961/PartI-Accessibility-and-participation-final-print-ready.pdf .
42 Royal National Institute for the Blind (RNIB) Voting and Elections
http://www.rnib.org.uk/livingwithsightloss/yourrights/pages/voting.aspx .
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Academic Network of European Disability experts (ANED)




Avoiding titles and headings that are underlined, should be made bigger to draw
attention;
Aligning text to the left and even spacing;
Good colour contrast;
Using matt instead of glossy paper.
Guidelines for assisting D/deaf voters are included in the Electoral Commission Part
1: Accessibility guidelines. Measures largely relate to clearer enunciation, the use of
written communication etc. rather than the provision of sign interpreters. Assistive
devices are recommended (availability of email, text phone or Typetalk, induction
loops and quiet areas for improved communication.
DDA 1995 (as amended) legal requirements also apply for voters with mobility
impairments. Measures mentioned include the need to check the width of entrances,
removal of obstacles and availability of additional seating.
Measures recommended for voters with learning difficulties include the provision of
easy read materials and a helpful attitude from staff. Similar measures are
recommended for people with mental health conditions.
The Electoral Commission has published a report on the 2010 General Election in
the UK43 and this includes a brief review of accessibility. Overall arrangements were
reported to be good in that the vast majority of polling stations were said to be
accessible. Accessibility was defined in terms of the presence of specific features in
polling stations rather than an overall defining statement. Features included having
entrances that were well signposted and that had usable ramps in place and the
availability of low height polling booths, large print ballot papers and tactile voting
devices for voters with visual impairments.
Results of a Scope44 survey on accessibility that questioned 1000 disabled voters did
however find problems. This study concluded that significant barriers remained with
67% of polling stations and this had improved by just 1% since the 2005 general
election and by 2% since the 2001 election. 47% of postal voters also reported
accessibility problems and the provision of large ballot papers in polling stations had
fallen from 70% in 2005 to 49% in 2010.
Various easy to read booklets and leaflets about voting, and publications that aim to
raise public awareness of the right to vote are made available by the Electoral
Commission.
43
The Electoral Commission (2010) Report on the Administration of the UK General Election
http://www.electoralcommission.org.uk/__data/assets/pdf_file/0010/100702/Report-on-theadministration-of-the-2010-UK-general-election.pdf.
44 Scope (2010) Polls Apart 2010: opening elections to disabled people
http://www.scope.org.uk/sites/default/files/pdfs/Campaigns_policy/ScopePolls%20Apart%205%20Report.pdf.
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Academic Network of European Disability experts (ANED)
Mencap ‘Get my Vote’
A study by Mencap,45 a charity run by parents of people who have learning
difficulties, found that only 1 in 5 people with learning difficulties voted in the 2005
general election. The main problems were reported to be inaccessible language and
the complexity of the voting process. In response to their ‘Get my Vote’ campaign, an
increase in the number voting was reported in 2010, with improvements described as
follows:

Almost 1 in 3 people with a learning disability voted - double the number in 2005
(results from a poll of Mencap personal support services).
All three major parties produced easy read guides to their plans (manifestos) something which had never been done before.
Over 150 MPs supported the rights of people with a learning disability to vote.
The House of Commons published easy read guides



Nevertheless there are indications that inaccessible information remains a major
barrier to voting for people with learning difficulties.
While not official surveys, these results do suggest that ‘paper’ commitments to
making electoral participation are not wholly matched by the realities of polling for
some disabled people, nor is there evidence of a linear progress towards greater
accessibility over time. However they do suggest an alliance between official and
disability organisations can be an effective way of increasing political participation
and activating accessibility features during elections in the UK.
4.
Disabled people can access assistance during voting
(See also Section 4 above)
Where electors with physical impairments cannot enter a polling station because it is
inaccessible, they are allowed, with the approval of the Returning Officer, to take the
ballot paper from the elector and place it into the ballot box. Assistance is also
offered to visually impaired people who need to sign the registration forms. The use
of a template is offered to the elector and guiding the hand of a blind or partially
sighted person is also permitted under Electoral Commission regulations. If the
elector wants to use the template all polling station staff must know how to use the
template and be able to give clear instructions to the elector on how to use it.
Assistance may be received from the Presiding Officer, from a close family member
over 18 years old or from a qualified elector. Other forms of assistance include tactile
voting devices and large print versions of the ballot paper. The large ballot paper may
not be marked by the voter but is used as a guide.
45
http://www.mencap.org.uk/campaigns/take-action/get-my-vote .
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Academic Network of European Disability experts (ANED)
5.
Alternatives to voting at Polling Stations are available
As noted by Scope,46 The Representation of the People Act 2000 consolidated the
Representation of the People Act 1983. Its main achievements were to remove the
restrictions on postal and proxy voting, to allow psychiatric hospitals to be used as a
registration address and to introduce new regulations in regard to access and
additional assistance, particularly voters with visually impairments.
Postal Voting
The Representation of the People Act 1948 introduced postal voting for physically
disabled people and this was further strengthened by the Representation of the
People Act 1985, which stated that all disabled people who had a physical
impairment could vote by postal ballot or proxy. The ballot paper is sent to voters
before polling day and is expected to be sent back before the deadline at 10pm on
polling day. Anyone may vote by post. Voters could also hand their ballot paper into
their local area electoral office -rather than the polling station. In Northern Ireland
people still have to apply for a postal vote and need to meet specific criteria to
become eligible.
Voting by proxy
A disabled voter is entitled to nominate another person to go to the polling station on
Election Day to vote on their behalf. The proxy who is chosen to assist the disabled
person must agree to the terms and conditions and cannot vote on behalf of more
than two people. A polling card will be sent to the proxy explaining which polling
station to go to and the electoral registration office at their local council should
provide an application form to be filled out.
Scope Survey: Polls Apart-Opening Elections to Disabled People 201047
In May 2002 voting pilots took place during the Local Elections and Scope, a UK
disability charity, was asked by the Electoral Commission to assess the accessibility
of a variety of pilot voting methods by disabled voters. For example, e-voting is a
digital method which allows voters to cast their vote through the use of information
technology. There are various devices that can be used including kiosks which voters
operate inside polling stations or remote technologies, such mobile phones, digital
TV, telephones and secure internet platforms.
46
Scope (2010) Polls Apart 2010: opening elections to disabled people
http://www.scope.org.uk/sites/default/files/pdfs/Campaigns_policy/ScopePolls%20Apart%205%20Report.pdf.
47 Scope (2010) Polls Apart 2010: opening elections to disabled people
http://www.scope.org.uk/sites/default/files/pdfs/Campaigns_policy/ScopePolls%20Apart%205%20Report.pdf.
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Academic Network of European Disability experts (ANED)
A number of Internet voting pilots have taken place in the UK between 2000 and
2007. These were established primarily with the aim of increasing voter turnout.48
Scope49 reported that many disabled people who piloted this method were happy to
finally be able to vote independently. However, the navigation and screen used was
reported to be sometimes confusing. Under the Web Content Accessibility
Guidelines (WCAG) all internet voting websites need to meet accessibility
requirements. Scope’s review of the pilots found that none of the internet voting
websites met all the accessibility requirements set by the then Office of the Deputy
Prime Minister.
Other results from pilots have shown the following:
Telephone voting- this was not fully accessible to disabled users. Voters who trialled
this reported that they found it hard to remember the information or options given to
them and some did not understand the terminology.
SMS- review of the pilots found that voters had to go through many layers of
verification and there were concerns about the length of the message.
Digital TV- hard to accommodate the needs of the visually impaired. Pilots also
faced challenges with slowness in processing information, potential loss of service
and switching between screens.
E-voting at kiosks- disabled voters found it difficult to use the hardware and
software provided, creating accessibility barriers.
After the 2007 pilots, the Electoral Commission concluded that, without a
comprehensive electoral modernisation strategy and the development of a framework
of qualified e-voting suppliers, there should be no further trialling of the technology.
Scope found that 51% of people would prefer to vote at polling stations, 21% of
people would want to use internet voting and only 12% of people would prefer to use
postal voting.
Local authorities have been obliged to review their polling procedures since 2007.50
Information on the reviewing of procedures is provided by the electoral commission
and this includes a checklist for accessibility requirements.
48
James, T.S.. Election Law Journal: Rules, Politics, and Policy. March 2011, 10(1): 37-52.
Scope (2011) Poles Apart 2010: opening elections to disabled people
http://www.scope.org.uk/sites/default/files/pdfs/Campaigns_policy/ScopePolls%20Apart%205%20Report.pdf.
50 Electoral commission Reviews of Polling Districts, Polling Places and Polling Stations
http://www.electoralcommission.org.uk/__data/assets/word_doc/0020/161633/Polling-district-reviewguidance.doc.
49
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Academic Network of European Disability experts (ANED)
6.
Political parties are implementing accessibility in their election activities
and communications
As noted above, there have been many projects designed to increase the political
participation of the general population as concerns have been raised about the
declining number of people voting in elections. Most efforts have been directed
towards non-disabled voters however, with more resources committed by
organisations of and for disabled people than by political parties themselves.
At the time of writing this report, easy read versions were available online for the
Conservative and Liberal, but not for other political parties.51 These were produced
by Mencap as part of a wider campaign to make political information accessible but
were not available from party websites.
The Labour Party provides a statement52 outlining its commitment to accessibility in
web page design. However there is no reference to the availability of materials in
alternative formats or easy read materials online. The Conservative Party53 states
that its web site conforms to Web Content Accessibility Guidelines 1.0 AA rating for
the most part and AAA rating in some respects. Instructions are given on how to
change text size. The Liberal Party’s accessibility statement54 that says that design
has been “influenced by the Web Content Accessibility Guidelines as recommended
by W3C's Web Accessibility Initiative” but makes no definite commitment to
standards. The Scottish National Party states that it aims for accessibility and
information was not seen to be available for Plaid Cymru. No information about how
to access any materials in alternative formats was available on any of the parties’
web sites.
Also as mentioned above, the ‘Count Us In Project’, which was completed by
Disability Action in Northern Ireland, worked to increase awareness of the democratic
process among disabled people. The project was carried out in conjunction with
Capability Scotland55 and Scope56 in England and Wales, involved 743 people and
included a three-day training programme and meetings with political representatives.
It was reported that only three of the five major parties in Northern Ireland were able
to send their manifestos in large print and audio copies, even though there were
numerous requests. Additionally, only one of these was seen as being of a suitable
quality for someone who is blind or visually impaired. Northern Ireland party websites
51
Mencap, Get My Vote Campaign http://www.mencap.org.uk/news/article/get-my-vote-successelection-draws-nearer.
52 Labour Party Disability Access http://www.labour.org.uk/disabilityaccess.
53 Conservative Party Accessibility http://www.conservatives.com/Information/Accessibility.aspx.
54 Liberal Party, Accessibility http://www.libdems.org.uk/accessibility.aspx .
55 Capability Scotland (2010) Politicians forget disabled voters http://ablemagazine.co.uk/disabilitynews/politicians-forget-%E2%80%98disabled%E2%80%99-voters/.
56 Scope (2010) Polls Apart: opening elections to disabled people
http://www.scope.org.uk/sites/default/files/pdfs/Campaigns_policy/ScopePolls%20Apart%205%20Report.pdf.
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Academic Network of European Disability experts (ANED)
offered no printed materials that were easy-read. However, in other parts of the UK
the three main parties provided Easy Read versions of their manifestos and there
was an improvement in the number of people with learning disabilities voting. Only
27% of project participants indicated that they had voted at the last general election;
however it was stated that this figure increased to 96% after engaging in the training
programme.
In summary, it would be fair to say that there is still some considerable way to go
before disabled people are able to source accessible information from political parties
in the UK.
7.
The broadcasting of election communications and debates is made
accessible
Party Election Broadcasts Ofcom57
Ofcom is the independent regulator and competition authority for communications
industries in the UK. Under the Communication Act 2003 and the Broadcasting Act
199658 Ofcom has drawn up a code for television and radio covering standards in
programmes, sponsorship, product placement, fairness and privacy. This can also be
referred to as the Ofcom Broadcasting Code which has been drafted in the light of
the Human Right Act 1998 and the European Convention on Human Rights.
In accordance with section 333 of the Communication Act 2003, Ofcom has created
rules to reflect the minimum requirements that Licensees have to follow. The Act
declares that the regulatory regime for every licensed public service channel and
radio service should include conditions requiring the inclusion in that channel or
service of party political broadcasts and referendum campaign broadcasts and
conditions requiring that the license holder observes Ofcom rules with respect to
party political broadcasts and referendum campaign broadcasts. Before making any
rules Ofcom must pay regard to any views expressed by the Electoral Commission
under section 108 of the Political Parties, Elections and Referendums Act 2000.
Ofcom Broadcasting Code 59
Under the Representation of the People Act 1983, broadcasters should show regard
to relevant sections 66A and 93 of the Act which is amended by 144 of the Political
Parties Election and Referendums Act 2000. Under section 66A of the
Representation of the people Act 1983 it is stated that no person in the case of an
election can publish a statement before the poll is closed. This includes any
statement relating to the way voters have voted in the election and whether there is
57
Ofcom, http://www.ofcom.org.uk/ .
Broadcasting Act 1996 http://www.legislation.gov.uk/ukpga/1996/55/contents .
59 The Ofcom Broadcasting code http://stakeholders.ofcom.org.uk/broadcasting/broadcastcodes/broadcast-code/ .
58
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Academic Network of European Disability experts (ANED)
any forecast as to the result of the election. This section of the Act applies to any
parliamentary election and any local government election in England and Wales.
Under section 9 (c) the Code makes clear that audio-visual commercial
communications shall not:
(i)
(ii)
prejudice respect for human dignity;
include or promote any discrimination based on sex, racial or ethnic
origin, nationality, religion or belief, disability, age or sexual orientation;
Under section 144 off the Political Parties Election and Referendum Act 2000, it
states that each broadcasting authority has to adopt a code of practice with respect
to the participation of candidates at a parliamentary or local government election. The
code will be drawn up by a broadcasting authority singly or jointly with other
authorities. Before the code is drawn up the broadcasting authority shall have regard
to any views expressed by the Electoral Commission to make different provisions for
different cases.
Party Political Broadcasting- Public Consultation 2004
The enforcement of the legal obligations on public and private broadcasters is
accepted through the existing broadcast licensing regime currently operated by
Ofcom. Ofcom takes enforcement action across a number of industry sectors to
benefit citizens and customers. The statutory powers are granted by the
Communications Act 2003, the Competition Act 1998, the Enterprise Act 2002, the
Broadcasting Act 1990 and 1996, EU Regulations and the Wireless Telegraphy Act
2006. Enforcement action benefits citizens and consumers by:





Encouraging competition;
Resolving regulatory disputes between communications providers;
Enforcing consumer protection law;
Encouraging compliance;
Protecting members of the public from offensive and harmful material, from
unfair treatment and from unwarranted infringements of privacy in television and
radio.
Ofcom has a responsibility for setting policy and enforcing any regulatory obligations
that policy gives rise to, as well as enforcing the law.60 Ofcom have set regulatory
principles to guide how they operate. In practice Ofcom set up a range of evidence
based policies and require operators in the communications market to follow the
rules. When breaking the rules Ofcom can take decisive enforcement action.
However the exact role and action in ensuring fairness and how it equates to and
embraces disability access is unclear.
60
Ofcom, A report on Ofcom's approach to enforcement and recent activity
http://stakeholders.ofcom.org.uk/enforcement/enforcement-report/.
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Academic Network of European Disability experts (ANED)
Although there is little available evidence of a structured policy approach to
accessible formats for party election broadcasts (PEBs), this did feature in
consultation responses to the government’s ‘Access to elected office for disabled
people: a response to the public consultation’ (2011). One respondent thought that
there needed to be more visible evidence that disability requirements were being
routinely taken into account in order to send a clear signal to disabled people that
such requirements are important. For example, any provision of communication
support at Parliamentary Committees should be visible in any broadcasts or by
providing captioning for all parliamentary related business. This of course is not in the
precise domain of PEBs, but does begin to raise the issue of wider parliamentary
access which could affect perceptions of political parties.
One study in Northern Ireland, the ‘Review of the Accessibility of Political Party
Information for People with Disabilities for the Westminster Elections May 2010’61
(Disability Action, 2011) found none of the Northern Ireland PEBs included subtitles
or sign language. Neither the Ofcom Code on Television Access Services or Rules
on Political Party and Referendum62 gives any guidance on making information
accessible through PEBs. Respondents to the study noted that candidates spoke too
quickly for them to process the information and said there was too much jargon used
which made it even more difficult to understand.
Only three of the five major parties were able to send their manifestos in large print
and audio copies, even though there were numerous requests. Additionally, only one
of these would be seen as a suitable quality for someone who is blind or visually
impaired. Northern Ireland party websites offered no printed materials which were
easy-read. However, in Great Britain the three main parties provided Easy Read
versions of their manifestos and there was an improvement in the number of people
with learning disabilities voting.
8.
The business of those holding political and public office is accessible to
disabled constituents
Helen Grant (Women and Equalities Minister) 2013- Making Democracy Work
for Disabled People
As noted at the beginning of this report, disabled people are under-represented in
public and political life, with less than 5% of disabled people holding public
appointments. After running a public consultation about new policy proposals to help
61
Disability Action (2010)
http://www.google.co.uk/url?sa=t&rct=j&q=&esrc=s&frm=1&source=web&cd=1&ved=0CC4QFjAA&url
=http%3A%2F%2Fwww.disabilityaction.org%2Ffs%2Fdoc%2Fpublications%2Faccessibility-review-ofpoliticial-party-information-westminster-elections-november-2010final.doc&ei=XYB7UsjhIeWg0QXLpICYBw&usg=AFQjCNFzhEQNR_LgBefpMeBSimI_k8PiRg&bvm=b
v.56146854,d.d2k .
62 Ofcom: Code on Television Access Services or Rules on Political Party and Referendum
http://stakeholders.ofcom.org.uk/consultations/party-political-referendum-rules/statement/ .
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Academic Network of European Disability experts (ANED)
disabled candidates run for the elected office the UK government has committed to
opening up access to elected office, Helen Grant, Minister for Women and Equalities
has fronted the ‘Access to Elected Office for Disabled People Fund63 64 which allows
disabled people to reclaim additional costs. With the help of Disability Rights UK they
have published a new guidance on access for disabled people to the elected office,
which supports political parties to make reasonable adjustments for disabled people.
Access to the elected office strategy
The government has worked closely with disabled people’s organisations and other
stakeholders to develop the Access to Elected Peoples Office Strategy- the strategy
offers support to disabled people who want to become MPs, councillors or other
elected officials. A fund of £2.6 million is open to applicants until the end of March
2014 to help candidates with disability related costs of standing for election. The aim
of the fund is tackle barriers including; transport, paying for sign language
interpreters and paying for extra travel and accommodation for support workers
which the Speakers conference on equality and access to political life made clear in
2010 (see section 1 above).
Access to elected office for disabled people: compliance with the Equality Act
2010 guidance for political parties April 201265
In 2011, The Government committed to supporting disabled people seeking election
to political office and offered the following incentives:



Training and development opportunities aimed at supporting disabled people
through political participation;
Promotion of good practice and analysis of existing disability access policies;
Production of a guide to support political parties in fulfilling their duties in
compliance with the Equality Act 2010.
The purpose of legal obligations is to inform political parties under the Equality Act
2010 to make reasonable adjustments for disabled people with the aim of helping
them to be more inclusive in involving people in public life.
The Act states that organisations proving goods, facilities or services to the public
have a duty to meet certain requirements to avoid causing disadvantage to disabled
people. The duty implies an obligation to:
63
HM Government Access to Elected Office for Disabled People Fund https://www.access-to-electedoffice-fund.org.uk/ .
64 Gov.UK: https://www.gov.uk/government/publications/access-to-elected-office-for-disabled-peoplestrategy-compliance-with-the-equality-act-2010-guidance-for-political-parties.
65 https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/85510/disabledaccess-guidance.pdf.
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Academic Network of European Disability experts (ANED)



Adjust a provision, criterion or practice;
Adjust or provide a means of a physical feature;
Provide an auxiliary aid or service.
The Equality Act 201066 states that an association must not discriminate against a
disabled member:



By the way it provides access to services or facilities;
Depriving the disabled person membership or varying the terms of their
membership;
Subjecting the disabled person to any other detriment.
The Equality Act 2010 Code of Practice for Services, Public Functions and
Associations refers in paragraph 12.27 to the wide range of material advantages that
can be enjoyed by members of an association and describes what terms of
membership can include, such as voting rights and the right to stand for office to
represent the association.
9.
The business of political and public office is accessible to disabled
holders of those offices
Access to Elected Office for Disabled People - Strategy Compliance with the Equality
Act 201067 Guidance for political parties makes plain the duties required under the
Equality Act 2010 and its guidance, and usefully offers the assemblies and
parliaments of the UK guidance on reasonable adjustments and the avoidance of
in/direct discrimination in a range of recruitment, selection and wider working
methods.
The UK Equality Human Rights Commission68 points out that political parties must
avoid unlawful discrimination in how they coordinate activities. The Equality Act 2010
applies to parties at national, regional, constituency and local level. If a disabled
person is a member or guest of a political party, it must make reasonable
adjustments in its joining process and how disabled people can access its services. A
political party must think in advance about the range of impairments and the
adjustments needed to make it accessible.
If it is the physical features of a building the political party occupies which puts
disabled people at a substantial disadvantage, the party must:
66Equality
Act 2010 http://www.legislation.gov.uk/ukpga/2010/15/part/7.
HM Government The Access to Elected Office for Disabled People Strategy Compliance with the
Equality Act 2010
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/85508/disabled-accessguidance.pdf.
68 Equality Act 2010 Code of Practice
http://www.equalityhumanrights.com/uploaded_files/EqualityAct/servicescode.pdf.
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Academic Network of European Disability experts (ANED)



Make reasonable adjustments to avoid disadvantage;
Find an alternative way to provide members and guest the same access to
membership and its services;
Political parties must provide accessible formats for disabled people.
10. European elections
All the information provided in this report applies equally to the procedures for all
elections. Details of the exact requirements are provided by the Electoral
Commission.69
Members of the European Parliament are elected using the Closed Party List with the
exception of Northern Ireland, where the Single Transferable Vote system is used.
11. Points of Concern
The gap between the legal requirements in the UK and the experiences of disabled
people in the UK is cause for concern. In particular, barriers at polling stations and in
postal voting need to be addressed.
The accessibility of information so that voters can make an informed choice also
needs to be a priority. Election communications are rarely or intermittently available in
alternative formats and there is a dearth of easy read material.
12. Good practice
There are good examples of using E-learning for to support disabled people getting
closer to political office. On Monday 18th March 2013, Wideaware training in
partnership with Disability Rights UK developed e-learning on disability equality for
the House of Commons. Wideaware70 work in partnership with charities and
businesses but also disability led organisations to develop e-learning that are
accessible and affordable. Lord Addington spoke about how widespread disability is
in parliament and that disability is diverse with different people having different
needs. “Disabled people are more than wheelchair users”. Maria Zedda, Managing
Director of Wideaware Training, hold that they strive for the best access as possible
and take on board feedback from disabled users.
Although some distance from the vision laid out in the Electoral Commission and the
Speakers conference reports, there is evidence in the Grant fund for greater access
to political office that the UK parliament is taking disabled people’s access seriously.
69
The Electoral Commission http://www.electoralcommission.org.uk/find-information-bysubject/elections-and-referendums/past-elections-and-referendums/european-parliamentary-elections.
70 Wideaware: http://www.wideaware.co.uk/news/house-of-commons-disability-e-learning-launched-inwestminster.
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