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Compatibility of the Welfare Reform Bill with the UK 's human rights obligations

Background

The Joint Committee on Human Rights considered the compatibility of the Welfare Reform Bill with the UK 's human rights obligations. Among its considerations were:

• Whether changes to require ESA claimants to undertake specific work-related activities will be administered, without discrimination, and in a way which is compatible with the right to respect for private and family life and property rights (Article 8, Article 1, Protocol 1 and Article 14 ECHR).
• Whether powers in the Bill to contract out functions of the Secretary of State or others, and provision for direct payments, will provide adequate protection for individuals who might seek redress for breaches of their Convention rights under the HRA 1998.
• Whether the proposals in the Bill which would introduce conditionality for benefits claimants who are, or may be, dependant on controlled drugs or alcohol, are compatible with the right to respect for private and family life, property rights and the right to enjoy those rights without discrimination.

The closing date for responses was 15 March 2009.

Disability Alliance's response

You can now download Disability Alliance's Submission to the Joint Committee on Human Rights from the link below.

The Joint Committee's Findings

In the Joint Committee on Human Rights Fourteenth Report of Session 2008-09 (Legislative Scrutiny: Welfare Reform Bill; Apprenticeships, Skills, Children and Learning Bill; Health Bill) it was proposed that compulsory engagement by drug dependent benefit claimants with treatment services should be deleted from the Welfare Reform Bill 2009.

The report coincides with a Department for Work and Pensions (DWP) press release announcing the roll out of a new drug treatment referral scheme to get drug users off benefits and back into work starts operating across England.

It was also recommended that amendments should be made to make clear that private contractors delivering social care services must operate to the same standards as public authorities.

With regard to the Health Bill, the committee calls on the Government to revise urgently its guidance to NHS trusts about how, and when, to charge refused asylum seekers, in order to meet the recent Court of Appeal's decision that the Guidance was unclear and unlawful.

More information

• joint committee on human rights fourteenth report of session 2008-09 (pdf format)
• submission to the joint committee on human rights - Disability Alliance response
• welfare reform bill

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