Selling Myself Short

What is the difference between a disabled lawyer and a lawyer with a disability? James ponders the d

When this blog appeared for the first time on the New Statesman website, I experienced a feeling of self-consciousness, especially about the biography on the right hand side of the page, which is both longer than those of other contributors and written in the first person.

Partly this is because, like many with autism, I am quite a private person and I knew that my friends, and indeed strangers, would be able to read it. However, there is much more to it than that.

My writing is something of which I am proud and I will doubtless want to alert any potential future employers to my achievements in this area of my life. Even if I choose not to mention it, they could find my blog via Google without too much difficulty. Therefore, I must ask myself whether I really want them to know just how disabled I am.

It is usually a dilemma as to whether I want to disclose my disability on job applications. In practice, I am not always given the choice.

I am currently studying law and around half of the firms offering training contracts brazenly, and illegally, ask for this information up front. As well as making me concerned that I will be discriminated against, this gives me little faith that they are at the cutting edge in the field of employment law.

In other cases, such as working for a Disability Law Centre, it is possible that being disabled is actually an advantage, but herein lies a subtle problem. To obtain work in the area of disability, or as a writer on the subject, it can be necessary to prove that you are disabled enough for the role. As someone with a hidden impairment like autism, I feel inclined to play down my strengths and play up supposed weaknesses to show legitimacy, which partly explains why I wrote the biography in the way that I did. This tension pressures me into making a choice between being a disabled lawyer or simply a lawyer who happens to be disabled.

A similar contradiction is faced by all disabled people in employment, sadly still a minority, as a result of the disability discrimination legislation itself. In order to qualify to have reasonable adjustments made on their behalf, disabled employees must be able to demonstrate the extent of their impairment, while simultaneously convincing their bosses of their talent.

If they eventually find the need to bring a claim, they will have to persuade a tribunal that they both count as disabled under the Disability Discrimination Act and that they are sufficiently good at their jobs to render any differential treatment unjustified.

Some people regard the problem as simply one of language, which can be resolved just by altering the words that we use. In the Queen’s Speech, the government announced a not-quite-radical plan to reform Incapacity Benefit, by changing its name – for a second time.

Although the proposed shift of emphasis from incapacity to capacity would in some ways be welcome, it will be counter-productive if accompanied, as seems likely, with lots of extra hoops that people have to jump through in order to demonstrate their entitlement.

What is really needed is a fundamental change of attitude, a separation between proving one’s disability and proving one’s ability. This can only come about when it is accepted that fair treatment is an automatic right for everyone, not a privilege to be earned, and employers can see beyond irrelevant factors in deciding who is best qualified for the job.

As a child, I was very successful in my schoolwork but found it difficult to make friends. I went to Cambridge University but dropped out after a year due to severe depression and spent most of the next year in a therapeutic community, before returning to Cambridge to complete my degree. I first identified myself as autistic in 1999 while I was studying psychology in London but I was not officially diagnosed until 2004 because of a year travelling in Australia and a great deal of NHS bureaucracy. I spent four years working for the BBC as a question writer for the Weakest Link but I am now studying law with the intention of training to be a solicitor. My hobbies include online poker and korfball, and I will be running the London Marathon in 2007. I now have many friends and I am rarely depressed but I remain single.
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Who is the EU's chief Brexit negotiator Michel Barnier?

The former French foreign minister has shown signs that he will play hardball in negotiations.

The European Commission’s chief Brexit negotiator today set an October 2018 deadline for the terms of Britain’s divorce from the European Union to be agreed. Michel Barnier gave his first press conference since being appointed to head up what will be tough talks between the EU and UK.

Speaking in Brussels, he warned that UK-EU relations had entered “uncharted waters”. He used the conference to effectively shorten the time period for negotiations under Article 50 of the Lisbon Treaty, the legal process to take Britain out of the EU. The article sets out a two year period for a country to leave the bloc.

But Barnier, 65, warned that the period of actual negotiations would be shorter than two years and there would be less than 18 months to agree Brexit.  If the terms were set in October 2018, there would be five months for the European Parliament, European Council and UK Parliament to approve the deal before a March 2019 Brexit.

But who is the urbane Frenchman who was handpicked by Commission President Jean-Claude Juncker to steer the talks?

A centre-right career politician, Barnier is a member of the pan-EU European People’s Party, like Juncker and German Chancellor Angela Merkel.

A committed European and architect of closer eurozone banking integration, Barnier rose to prominence after being elected aged just 27 to the French National Assembly.  He is notorious in Brussels for his repeated references to the 1992 Winter Olympics he organised in Albertville with triple Olympic ski champion Jean-Claude Killy.

He first joined the French cabinet in 1993 as minister of the environment. In 1995, Jacques Chirac made him Secretary of State for European Affairs, teeing up a long and close relationship with Brussels.

Barnier has twice served as France’s European Commissioner, under the administrations of Romano Prodi and José Manuel BarrosoMost recently he was serving as an unpaid special advisor on European Defence Policy to Juncker until the former prime minister of Luxembourg made him Brexit boss.“I wanted an experienced politician for this difficult job,” Juncker said at the time of Barnier, who has supported moves towards an EU army.

 

Barnier and the Brits

Barnier’s appointment was controversial. Under Barroso, he was Internal Market commissioner. Responsible for financial services legislation at the height of the crisis, he clashed with the City of London.

During this period he was memorably described as a man who, in a hall of mirrors, would stop and check his reflection in every one.

Although his battles with London’s bankers were often exaggerated, the choice of Barnier was described as an “act of war” by some British journalists and was greeted with undisguised glee by Brussels europhiles.

Barnier moved to calm those fears today. At the press conference, he said, “I was 20 years old, a very long time ago, when I voted for the first time and it was in the French referendum on the accession of the UK to the EU.

“That time I campaigned for a yes vote. And I still think today that I made right choice.”

But Barnier, seen by some as aloof and arrogant, also showed a mischievous side.  It was reported during Theresa May’s first visit to Brussels as prime minister that he was demanding that all the Brexit talks be conducted in French.

While Barnier does speak English, he is far more comfortable talking in his native French. But the story, since denied, was seen as a snub to the notoriously monolingual Brits.

The long lens photo of a British Brexit strategy note that warned the EU team was “very French” may also have been on his mind as he took the podium in Brussels today.

Barnier asked, “In French or in English?” to laughter from the press.

He switched between English and French in his opening remarks but only answered questions in French, using translation to ensure he understood the questions.

Since his appointment Barnier has posted a series of tweets which could be seen as poking fun at Brexit. On a tour of Croatia to discuss the negotiations, he posed outside Zagreb’s Museum of Broken Relationships asking, “Guess where we are today?”

 

 

He also tweeted a picture of himself drinking prosecco after Boris Johnson sparked ridicule by telling an Italian economics minister his country would have to offer the UK tariff-free trade to sell the drink in Britain.

But Barnier can also be tough. He forced through laws to regulate every financial sector, 40 pieces of legislation in four years, when he was internal market commissioner, in the face of sustained opposition from industry and some governments.

He warned today, "Being a member of the EU comes with rights and benefits. Third countries [the UK] can never have the same rights and benefits since they are not subject to same obligations.”

On the possibility of Britain curbing free movement of EU citizens and keeping access to the single market, he was unequivocal.

“The single market and four freedoms are indivisible. Cherry-picking is not an option,” he said.

He stressed that his priority in the Brexit negotiations would be the interests of the remaining 27 member states of the European Union, not Britain.

“Unity is the strength of the EU and President Juncker and I are determined to preserve the unity and interest of the EU-27 in the Brexit negotiations.”

In a thinly veiled swipe at the British, again greeted with laughter in the press room, he told reporters, “It is much better to show solidarity than stand alone. I repeat, it is much better to show solidarity than stand alone”.

Referring to the iconic British poster that urged Brits to "Keep Calm and Carry On” during World War Two, he today told reporters, “We are ready. Keep calm and negotiate.”

But Barnier’s calm in the face of the unprecedented challenge to the EU posed by Brexit masks a cold determination to defend the European project at any cost.

James Crisp is the news editor at EurActiv, an online EU news service.