19 Equal opportunities for people with
disabilities
| (25017)
14451/03
COM(03) 650
| Commission Communication on equal opportunities for people with disabilities: a European Action Plan.
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| Legal base | — |
| Document originated | 30 October 2003
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| Deposited in Parliament | 11 November 2003
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| Department | Work and Pensions
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| Basis of consideration | EM of 20 November 2003
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| Previous Committee Report | None
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| To be discussed in Council | No date set
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| Committee's assessment | Legally and politically important
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| Committee's decision | Cleared, but further information requested
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Background
19.1 Article 13 of the EC Treaty authorises the Council to take
appropriate action to combat discrimination based on, among other
things, disability. The Article provided the legal base for the
Council Directive of 27 November 2000 on equal treatment in employment
and occupation.[50] Member
States are required to transpose the disability-related provisions
of the Directive into their national law by 2 December 2006.
19.2 This year events have been organised throughout
the EU as part of the European Year of People with Disabilities.
The Commission wishes to build on the momentum of the European
Year and to achieve the further inclusion of people with disabilities
in the enlarged European Union. The Communication outlines the
Commission's proposals for attaining these aims.
The document
19.3 The Communication has four parts:
II — The Policy Context, including an assessment
of what the EU has achieved so far and the Commission's view of
the strategic objectives for the future
III — The EU Disability Plan for 2004-2010
IV — Monitoring and Structures for following
up the Action Plan.
19.4 In the section on strategic objectives, the
Commission observes that:
"Most actions in the field of disability are
principally a matter of Member State responsibility and most effectively
dealt with at national level. Therefore, the Commission's strategic
goal is to be achieved by three complementary and mutually supportive
operational objectives, making full use of the Commission's ability
to act so as to maximise the EU contribution."
The Commission says that its three operational objectives
are:
"achieving full application of the Equal
Treatment in Employment and Occupation Directive and launching
the debate on the future strategy to combat discrimination; successful
mainstreaming of disability issues in relevant Community policies
and existing processes; improving 'Accessibility for all' ".
19.5 Commenting on the objectives, the Commission
says that it will monitor Member States' transposition of the
Equal Treatment Directive, the implementation of which is the
core element in the Commission's overall approach to disability.
The Commission also intends to issue a consultation paper in Spring
2004 on the future strategy for combating discrimination, including
the challenges posed by the enlargement of the EU.
19.6 The Commission says that its "mainstreaming
strategy" implies integrating the disability perspective
into every stage of the policy processes. Accessibility to goods,
services and the built environment is a central issue for people
with disabilities. The Commission intends to promote technical
and other standards to give effect to "accessibility for
all".
19.7 In order to achieve its operational objectives,
the Commission will develop a rolling Action Plan for the period
2004-2010. The first phase will cover 2004-2005 and will concentrate
on creating the conditions to promote the employment of people
with disabilities. The Commission identifies four priority areas
for intervention in phase one:
- access to employment;
- lifelong learning;
- use of new technologies to empower people with
disabilities;
- accessibility to the built environment, including
public transport.
Under each of these headings, the Commission outlines
initiatives it will take.
19.8 The Commission will produce reports every two
years on the situation of disabled people in the EU and will develop
and collect internationally comparable statistics on progress
towards meeting the objectives of the Action Plan.
19.9 The Commission also refers to the Communication
it issued in January 2003 about the proposal for a United Nation's
Convention on the rights of disabled people.[51]
The Commission supports the proposal and says that it "has
requested negotiating directives because a part of the Convention
concerns anti-discrimination, which is a Community competence".
The Government's view
19.10 The Minister of State, Department of Work and
Pensions (Mr Des Browne) tells us that it remains the Government's
view that Community competence in matters such as the proposed
UN Convention to combat disability discrimination is likely to
be shared between the Member States and the Commission. (The Minister's
predecessor Mr Malcolm Wicks, told us in his letter of 16 April
2003 that, while it would be appropriate for the Commission to
participate in the negotiations on the Convention, the Presidency
should lead the negotiations on behalf of Member States.)[52]
19.11 The Minister notes that the Communication refers
to a proposed Regulation which would enable recipients of UK disability
benefits to export them if they move to another Member State.[53]
The Minister reminds us that the Government's policy is that UK
disability benefits, which are funded by the taxpayer and do not
depend upon payment of contributions, should be available only
to people resident in the UK.
19.12 The Minister says that there are some aspects
of the Action Plan which require clarification. It is, for example,
unclear whether the Commission's reference to lifelong learning
relates to provision from early years through to adult life or
only to adult learning.
Conclusion
19.13 The Commission's Communication is timely
as we come towards the end of the European Year of People with
Disabilities. We fully support the aim of enabling people with
disabilities to take a full part in the life of their communities.
It is, therefore, useful to have notice of the initiatives the
Commission is likely to propose and of its priorities. We endorse
the Commission's view that most actions in the field of disability
are principally a matter for Member States and so, in scrutinising
proposals made under the Action Plan, we shall pay close attention
to the question of subsidiarity.
19.14 We are grateful for the Minister's confirmation
of the Government's opinion that there is shared competence on
matters such as the proposed UN Convention on the rights and dignity
of people with disabilities. We reiterate our view that it would
be appropriate for the Presidency to lead the negotiations on
behalf of EU Member States, with Commission participation.[54]
We ask the Minister to keep us informed of developments in the
consideration of the Commission's request for negotiating directives
in connection with the Convention.
19.15 The Communication calls for more and better
statistical information on the situation of people with disabilities.
While we understand the importance of this information, any new
demands for data should be proportionate and have proper regard
to the cost to employers and Member States.
19.16 The document is not binding and imposes
no direct costs on the UK. We clear it from scrutiny but ask the
Minister to inform us of any discussion of the document by the
Council.
50 OJ No L 303, 2.12.00, p.16. Back
51
(24245) 5937/03 and (24258) 6041/03: see HC 63-xiii (2002-03),
paragraph 3 (26 February 2003) and HC 63-xx (2002-03), paragraph
8 (7 May 2003). Back
52
(24258) 6041/03: HC 63-xx (2002-03), paragraph 8 (7 May 2003). Back
53
(24821) 12094/03: HC 63-xxxiii (2002-03), paragraph 16 (15 October
2003). Back
54
See footnote 52. Back
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