Inside the May edition:

Hot Issues May 2009 (PDF 190Kb)

Disability leadership in government

Two appointments have been made in the last month to advance disability interests, one independent, the other political at the highest level.

IHC will see whether the combination of the new Disability Issues Ministerial Committee and a dedicated Deputy Health and Disability Commissioner – Disability – will achieve what we hoped for from an independent Disability Commission. We wish to work closely with both to help ensure this.

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New Ministerial Committee on Disability Issues

The membership and role of the new Ministerial Committee on Disability Issues were announced at the beginning of May. It’s up to them how they operate and when the committee meets www.odi.govt.nz/what-we-do/ministerial-committee-on-disability-issues/index.html.

Chaired by Disability Issues Minister Paula Bennett, the committee notably comprises the Deputy Prime Minister and Minister of Finance, and the Education, Health, Justice and Transport ministers. Two associate ministers from other parties in government, Māori and ACT, are also represented on the committee. The Office for Disability Issues and ministry officials will support the committee.

While Ms Bennett is also Minister for Social Development and Employment, the specific omission of this portfolio is puzzling, as is the absence of the Minister of Labour. Where will the impetus and connections in government for good income support, decent work and meaningful participation in the community come from? It’s good to see the Minister of Transport there, whose own ministry did not mention people with disabilities at all in its briefing to him as incoming minister.

IHC also welcomes the presence of the Minister of Justice, with his vital role in human rights and citizenship. We hope this signals that supported decision making, as core to the UN Disability Rights Convention, will be actively promoted. Being supported in decision making, instead of substitute decision making by others, is of particular importance to people with an intellectual disability being able to make choices and decisions in their lives.

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Will the Ministerial Committee make a difference?

IHC hopes that the new Disability Issues Ministerial Committee is able to deliver on Minister Bennett’s wish and intent that government agencies provide an integrated and comprehensive response to the needs, rights and interests of disabled people and their families. We know that the disability sector has wanted this type of government response for years. We also know that Minister Bennett has stated that she intends to “build a house” on the solid foundations built over the last nine years to improve the life outcomes of people living with disability. IHC will be watching this building project with interest.

DPA has expressed concern about the non-collaborative way the Ministerial Committee has been set up. In order to avoid it being seen as window dressing or as a political body operating behind closed doors, the committee must engage with disabled people and the disability sector right from the start.

IHC would like to see disability issues continue to be progressed in the non-partisan, across-party way both the disability inquiry and the UN Disability Rights Convention modelled.

The committee’s stated purpose is to act collectively to provide a coherent overall direction for disability issues across government.

Its objectives are:

• To ensure government services and communities meet the needs of all New Zealanders, including disabled people, as articulated in the New Zealand Disability Strategy and that government agencies are achieving progress in its implementation
• To ensure that initiatives and supports targeted at disabled people and their families work well for them, are fairly distributed, and represent value for money.

To do this, the committee will:

• Determine the relative priority of and timeframes for the work programme that implements the Government’s response to the Select Committee Inquiry on the Quality of Care and Service Provision for People with Disabilities
• Identify areas of poor performance in government agencies in relation to disability services and issues, and how to rectify them
• Provide direction, as appropriate, to government agencies on their plans and progress in implementing the New Zealand Disability Strategy
• Develop accountability arrangements on disability matters for government agencies and Ministers
• Identify more efficient use of government resources to support disabled people
• Provide input, as appropriate, to significant policy reviews, including terms of reference and recommendation stages, to ensure the needs of disabled people are considered.

IHC queries why the committee’s formal terms of reference do not mention the UN Disability Rights Convention at all. Right now we, along with others in the disability sector, are working with government on ways to promote, protect and monitor implementation of the convention. This work will provide further impetus to implementing the New Zealand Disability Strategy.

IHC looks forward to seeing the committee’s work programme.

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New Deputy Commissioner – Disability – appointed

Tania Thomas has been appointed as a dedicated Deputy Health and Disability Commissioner – Disability (Disability Commissioner). This changes her current Deputy Commissioner role to take greater responsibility for disability issues.

IHC wishes Tania well in her new role and offers our expertise on behalf of people with an intellectual disability. Strengthening disability advocacy and complaints processes was promised by the Government response in February to last year’s select committee disability inquiry.

For this new role to be effective, it must be expanded, to cover access to health and disability services and to others, such as education. Health and Disability Commissioner Ron Paterson consulted on these key issues earlier this year and expects to report his review recommendations by end June.

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United Nations review of New Zealand human rights includes disability

It is timely, then, that on 7 May New Zealand presented the National Universal Periodic Review Report to the United Nations Human Rights Council. Implementing the UN Disability Rights Convention and the New Zealand Disability Strategy is one of the seven key human rights priorities identified in the report.

All of New Zealand’s key priorities are relevant to people with intellectual and other disabilities, namely:

• improving the economic, social and cultural wellbeing of people in New Zealand
• reducing violence within families and its impact on women and children
• improving the opportunities and responsibilities of young people in New Zealand through the education and youth justice systems
• strengthening the rights of victims of crime
• improving the consultation process with civil society for future human rights reporting and follow-up to recommendations
• strengthening the partnership between the Government and Māori by continuing to support Māori to realise their potential and continuing the momentum on achieving fair, just and practical settlements of historical claims under the Treaty of Waitangi
• the implementation of the Convention on the Rights of Persons with Disabilities and the New Zealand Disability Strategy.

IHC, as one of the NGOs that responded to the government’s consultation on the draft report, is disappointed at the very little coverage in the final report to people with disabilities. We are pleased, however, that other sections outline challenges needing to be addressed relating to inclusive education, child poverty and domestic violence, among other issues.

The Human Rights Commission’s separate report recommends that in implementing the Convention on the Rights of Persons with Disabilities, the Government prioritise the rights to education and employment and commit to fully accessible public transport by 2020.

In presenting New Zealand’s report and answering questions, Justice Minister Simon Power said it’s important to front up with our own situation. He undertook that New Zealand would seriously consider the recommendations put to it as a result of the review.

Issues raised by Human Rights Council members included on measures New Zealand will be taking to implement the UN Disability Rights Convention.

The UPR Working Group’s 11 May draft report contains several references to people with disabilities although there is no specific focus on them in the 64 recommendations. The report states:

• New Zealand referred to its hard work to look after its most vulnerable citizens and remains committed to respecting all human rights obligations despite the economic global crisis (paragraphs 16 and 18)
• New Zealand is committed to implementing the UN Disability Rights Convention and the New Zealand Disability Strategy, with a Ministerial Committee established. The Government will consider resourcing issues regarding provision of services to children (paragraph 72)
• The New Zealand delegation recalled that persons with disabilities are entitled to the full benefits of all general and specific laws (paragraph 78).

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My story – Danny

Danny lives in a flat with support from a community organisation.

He requires a lot of support with his dietary and medical needs. Danny’s mobility is deteriorating but he doesn’t want to move into a group home for people with intellectual disabilities. “I like my independence.”

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Improving the health of people with an intellectual disability

People with an intellectual disability have some of the poorest health of any group in New Zealand society. The Ministry of Health is now due to report to Minister Tony Ryall on how to tackle their health needs by the end of May.

While we await this report, there are mixed messages in Health Minister Tony Ryall’s announcement of removing health targets for DHBs for mental health, obesity, nutrition, exercise, and oral health.

People with intellectual disabilities often experience these conditions or needs. The lessening in importance of preventive and promotional activities, as key primary health care priorities, is hard to understand – not only in terms of people’s enjoyment of good health and hence their life, work and community participation, but also at a value-for-money level.

Minister Ryall said there were far too many indicators, committees and targets. Meaningful targets and indicators and real, measurable progress are just what disabled people want for both health and disability services, wearing Mr Ryall’s other hat as Minister of Health.

This year, the UK Government committed to addressing the health needs of people with intellectual disabilities. These include specific leadership and accountability mechanisms, health checks, training for health professionals, involving people with intellectual disabilities in planning and developing services, and partnering with families and carers (pages 58–78).

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Inclusive education progress

Associate Minister, Special Education, Heather Roy, and Associate Minister for Disability Issues, Tariana Turia, will launch IHC’s new inclusive education resources 'Learning better together: Working towards inclusive education in New Zealand schools' at Parliament on 3 June. These include a book, a summary of research and a DVD which profiles emerging best inclusive education practice in New Zealand schools.

In April, the Human Rights Commission notified the Ministry of Education of IHC’s complaint about practices at local schools that discriminate on the basis of disability. This signals the beginning of the formal complaints process. We believe the seriousness of the difficulties disabled students have faced for decades makes it necessary for everyone involved to reflect deeply upon how the problem can be resolved once and for all. To find out more, including on how to become involved or to complain directly to the Education Ministry about such discrimination, visit the IHC education complaint.

A caution regarding the National Assessment Standards currently being consulted on:

The push from successive (UK & USA) governments to raise educational standards has led to an emphasis on competition between schools and parental choice. Such approaches seem to be unhelpful to the equity and social justice concerns of the inclusion agenda. The argument is that the powerful imperatives of market-led and standards-based policies will inevitably lead schools towards a less rather than more inclusive practices. As a result they tend to be increasingly ruthless in their disregard of those students who pose a threat to success, as determined by measured forms of assessment. While appearing to promote the causes of accountability and transparency, the use of data can, in practice, conceal more than they reveal, invite misinterpretation, and worst of all have a perverse effect on the behaviour of professionals, not least in terms of their attitude to students who are seen as challenging. (Mel Ainscow, Psychology of Education Review, 2008).

Trevor Mallard has replaced former Education Minister Chris Carter as Labour’s education spokesperson. What is his stance on inclusive education?

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Update

• The first IHC Community Forum on 9 May attracted a great response from families, IHC members and others interested in issues around intellectual disability. The opening presentation by Disability Commissioner Tania Thomas covered the importance of making complaints so services can improve. She is hoping to extend the scope of her responsibilities to also include complaints and issues about access to services. Currently a person has no one to complain to if they are not receiving services.
  
  IHC CEO Ralph Jones spoke about the issues affecting IHC. The Service and Food Workers Union (SFWU) is taking IHC to the Employment Court over allowances paid to staff who sleep over. The union claims that when staff are sleeping over they are working, and should be paid the minimum wage. If IHC loses the case it will cost IHC $20 million a year, and the union wants payment backdated six years. The issue would also affect aged care providers, employers of on call workers, schools that have boarding facilities and any other provider of accommodation support services.
  
  Ralph Jones also said that IHC’s relationship with the Ministry of Health is strained. While a new government means a new perspective from ministers, there are many frustrations over ongoing funding issues. IHC is not expecting that any increase in funding from the Ministry of Health this year will cover IHC’s increased costs.
  
  The next forum is in Palmerston North on 13 June. Register your interest online.
• The New Zealand Association for the Study of Intellectual Disability (NZASID) is holding its annual conference in Hamilton from 26–27 August. The theme of the conference is “From theory to practice – knowledge”. Papers are now being called for and proposals for presentations should be submitted by 1 July 2009 to adrian@cct.org.au. For more information email gary.wyatt@accessability.org.nz or go to www.assid.org.au.
• Recent research from UK’s Equality and Human Rights Commission (EHRC) has found that disabled people, in particular people with intellectual disabilities, are at greater risk of violence and hostility. This leads to them avoiding going out into the community and leading isolated lives. EHRC’s three-point plan published in early May includes a commitment to funding advocacy groups, reviewing public institutions’ responsibilities to promote positive attitudes and working with criminal justice agencies to remove barriers to justice for disabled people.
• People caring fulltime for a person with an illness or disability 24/7 (except a spouse/partner) who would otherwise require hospital care may be eligible for the Care of Sick or Infirm (CSI) benefit. This includes caring for their own child. It does not matter what age the child is, as long as he or she meets the medical criteria. You can also ask Work and Income to investigate backdating a DPB-CSI benefit.
• Following extensive consultation with carers and their supporters, the Australian government has launched a report with 50 sweeping recommendations to improve the lives of that country’s 2.6 million carers. Carers New Zealand says we are moving in the right direction following last year’s launch of the Carers’ Strategy and its five year Action Plan. But Australia has gone much further. It sets a new government benchmark for recognition and action for carers globally, backed by committed funding to ensure quality outcomes.
• Information on the child discipline referendum to be held by postal vote from 31 July through to 21 August is on www.yesvote.org.nz. The question is ‘Should a smack as part of good parental correction be a criminal offence?’ A yes vote retains a law that is working well and protects children.
• Child care and protection and social policy expert John Angus has been appointed interim Children’s Commissioner until a permanent appointment is made. He replaces Dr Cindy Kiro who has completed her five-year term of office.
• Speculation that former WINZ head Christine Rankin is in the running for the Children’s Commissioner post has been fuelled by her appointment as a Families Commissioner. And could this be a precursor to merging both offices? Families Commission champion and coalition Minister Peter Dunne states that Mrs Rankin’s appointment risks sabotaging the Families Commission and turning it into a sideshow. Other critics of her appointment recall her questioning the role of the Families Commission and opposing the ‘anti-smacking’ legislation, which the Families Commission supports, among other concerns. IHC asks whether Mrs Rankin’s passion for children and families extends to those children and families with disabilities.
• The Budget on 28 May will provide more than ever before for education and health as New Zealanders’ priorities, says Prime Minister John Key. In a time of economic uncertainty he says it is vital that the Government provides New Zealanders with the certainty about the public services they can expect and the support they are entitled to, but cautions there are trade-offs. Since the election last year the government books have declined by over $11 billion – from a surplus of $3.5 billion to being in the red by $7.7 billion.

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Last words

IHC briefed most of the incoming ministers who are now on the new Ministerial Committee on Disability Issues. We said our top priorities are action, leadership and coordination, partnership and engagement with the disability sector.

The new committee has been set up to provide welcome leadership and coordination and to improve decision-making and accountability in and across government agencies. IHC expects the committee itself to work in an open, inclusive and accountable way to drive and coordinate change.

We trust chair Minister Bennett will take the lead to ensure that, from now on, the disability sector plays a central part in advising and guiding the committee. Let’s have a disability sector group working alongside the officials’ group. At least this will provide some fresh, informed views to complement those of the new political appointees and ‘older’ public servants.

To work in this way would demonstrate the committee’s commitment to the principles and spirit of both the New Zealand’s Disability Strategy and the UN Disability Rights Convention. 2009 is the crucial follow-up year to the first review of the Disability Strategy and New Zealand’s ratification on the UN Convention. People with intellectual and other disabilities were involved at heart of both throughout and wish to continue this participation. This month the New Zealand Government reinforced its commitment to the UN Convention and the Disability Strategy before the United Nation Human Rights Council.

However, it is another appointment that has grabbed the headlines at this time. This serves to distract from the serious work that IHC and others in the disability and wider NGO sector constantly do, as advocates and as providers of support services. We would like to see the new Disability Issues Ministerial Committee rank in the spotlight – for the positive work it will be doing.

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advocacy@ihc.org.nz

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Hot Issues May 2009 (PDF 190Kb)