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Mr. Barnes:
I accept everything that my hon. Friend is saying, and I thank her for her comments about my involvement in some of the earlier developments. Is there not still an overlapping problem with the Disability Discrimination Act 1995, in that it is based on a medical definition, whereas the Civil Rights (Disabled Persons) Bill was based on a social definition and was directed towards the discriminator? Although we have gone along with it and are going further with the measures that she has described, a further breakthrough might be needed to bring fully to fruition the measures in the Civil Rights (Disabled Persons) Bills?
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Maria Eagle: I accept my hon. Friend's point about the definition. For legislation throughout the world, definitions have been one of the most difficult things to get right. A distinction has often been made between a medical model, which defines disabled people in terms of their impairments, and a social model, which looks at what barriers society puts up, the removal of which would give disabled people their rights.
It is absolutely the case that the DDA relies on a more medical model. Aspects of it might be seen as taking a social approach, but it depends on a largely medical model. The Joint Committee report makes some suggestions about further improving the definitions, but nobody across the world has come up with a perfect definition that is workable in legislation. It is hard to do. That is not to say that we cannot make progress towards it, but at a time when we are extending the coverage of the legislation to more than 1 million new employers, for example, now perhaps is not the best time to set about making significant changes to the definition. It is important that those on whom obligations are placed have a pretty certain view of who might be covered by them.
Mr. Goodman: The phrase "civil rights", which the Minister has used several times in the course of her speech, is usually associated with the social model. Will she confirm that the Government's Bill is indeed based on the 1995 Act, which, as she says, is largely founded on the medical model?
Maria Eagle: It is not useful in this field to tear everything up and start from scratch.
Mr. Goodman: So it is not civil rights.
Maria Eagle: Well, it is civil rights. I do not know what kind of dictionary the hon. Gentleman has, but it is clearly not the same as mine. We are talking about making real differences to people's lives and the way to do that is not to get too hung up on precisely how one describes the differences between a social and a medical model but to get on with giving people real rights that they can enforce.
Thanks to this Government, we now have an admirably functioning Disability Rights Commission, which not only acts as a champion for disabled people and supports court cases to end discrimination, but is also trusted by business to provide good-quality advice about how they can improve as employers and service providers and meet the needs of their disabled customers and employees. Indeed, some 40 per cent. of the calls that it takes on its helpline are from business organisations, which underlines how important it is that those with obligations under the legislation see the sense of the legal requirement that it imposes and have confidence in the DRC to give advice about what they need to do to improve.
We have also extended the DDA to education, which was surely one of the most disgraceful omissions from the original Act. How can we hope to promote equality of opportunity for disabled people if we do not remove the barriers that they face in getting a good education? From the nursery to the university, the Special Educational Needs and Disability Act 2001 is creating
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more opportunities for disabled children and adults and I believe that in the long term its provisions will be among the most influential in transforming the life chances of our disabled fellow citizens. By next year, it too, will be fully operational.
The DDA is being extended in October to cover 7 million more jobs, with the final abolition of the small firms exemption from its employment provisions and its extension to previously excluded occupations. It will help 600,000 disabled people who already work in those jobs directly by giving them rights not to be discriminated against on the ground of their disability that they do not currently enjoy. It also brings 1 million smaller employers into full coveragea fact that has been welcomed by employers' organisations such as the Confederation of British Industry, the Employers Forum on Disability and generally supported by small business organisations such as the Federation of Small Businesses.
The draft Disability Discrimination Bill published this year has been widely welcomed, not only by the DRC but by organisations of and for disabled people. The DRC calls it "an exciting Bill," and also says that
"current activity is vast in the field of Disability Rights".
What a contrast to the record of the Conservative party. The draft Bill will widen coverage of the DDA and its anti-discrimination obligations to include councillors, larger private clubs, including political parties, and more people with HIV, cancer and multiple sclerosis. It will deepen coverage by extending the anti-discrimination obligations to all the functions of public authorities that are currently excluded and it will also extend to some aspects of landlord and tenant law. It will restrict the transport exemption from part III obligations and specify end dates for full accessibility of existing public transport vehicles and thus effectively end the transport exemption.
It will strengthen coverage by introducing a duty on public bodies to promote equality of opportunity for disabled people, something particularly welcomed by the DRC, which calls it
"A major shift of emphasis"
"tackling systematic barriers rather than relying on a post-hoc system of redress."
In future, that will provide excellent opportunities for removing some of the current problems before they can even ariseat least, I hope so. Once enacted, which I hope will be soon, the new measure will be a landmark piece of legislation, further consolidating the progress of disability civil rights as well as completing in full our manifesto commitment.
All that is a means to an end: more life chances for disabled people, equality in practice not just in theory. While we have been getting on with improving civil rights legislation, there has been steady progress across Government. There have been major improvements in part M of the building regulations, for example, and the incorporation of lifetime home standards to require an even better standard from registered social landlords under the guidance of the Housing Corporation. The next few years should see real improvements in the accessibility of homes.
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In transport, we have already done much, although it has to be admitted that, in some instances, our existing transport infrastructure presents significant challenges. We have improved accessibility to public transport vehicles. All new buses and trains have to be accessible and the draft Bill will make provisions to end transport exclusion and set dates by which existing vehicles will have to be accessible. The obligation to make reasonable adjustment to the physical features of the infrastructure, such as stations, will come in on 1 October. Again, we have to deal with a historical legacy of inaccessibility, but that is being tackled consistently across the sector. Awareness is much higher among operators and those responsible for running our public transport services.
Access to education is improving. The schools access initiative and programmes such as the disabled students allowance are giving money to disabled people to enable them to access education. As the legislation places obligations on education providers to meet the needs of disabled people, we shall see even more improvements over time. As well as the disabled students allowance, the learner support funds are helping in the further education sector. Disabled people are a priority group for support. We are seeing real improvements that matter to disabled people and their lives.
All those important initiatives are taking place across Government in all spheres and will have practical effects. As the DRC said in its briefing, current activity is vast in the field of disability rights. By the end of this Parliament, the Government will have brought about the biggest ever improvement in civil rights for disabled people in this country, as a foundation on which to build real improvements in life chances for more than 10 million of our fellow citizens who are disabled. It is a record that I am proud to commend to the House.
Mr. Paul Goodman (Wycombe) (Con): It is a privilege to be speaking from the Dispatch Box for the first time in a debate on disability. I pay tribute to the many organisations in my constituency that do so much for and, more important, with people with disabilities, and to all the organisations that do similar work nationally. Their advice, experience and wisdom are invaluable to me.
According to the Library, the last opportunity we had to participate in a general debate on disability-related matters was on the Third Reading of the Disability Rights Commission Bill on 30 June 1999almost five years ago. It is reasonable to assume, therefore, that a similar opportunity will not arise for some timeI will not say "for another five years", although of course I couldand perhaps not until after the next general election.
Talking of elections, I wonder whether anything strikes you, Madam Deputy Speaker, as significant about the timing of today's debateit certainly struck the Minister, who was extraordinarily defensive. I suspect that she is somewhat embarrassed. I am sure that it will not have escaped your attention, Madam Deputy Speaker, that European elections, the London mayoral election and many local elections are being held today. If the Government's business managers had
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deliberately chosen the one day in this Parliament on which Members were most likely to have inescapable commitments that would necessitate their absence from Westminster, it would be today. So this is the day that the Government have set aside for what may be the only major debate on disability in Government time in this Parliament. The Minister knows that many Members on both sides of the Houseincluding, doubtless, many Labour Memberswanted to be here today but cannot be.
Today is almost certainly the worst possible day of this Parliament on which to hold a debate on disabled people.
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