DDB 56 Sense
Sense Submission to the Joint
Committee on the
Draft Disability Discrimination
Bill
25 February 2004
Contents
1. Introduction
2. Transport
3. Functions of public
authorities
4. Private clubs
5. Housing
6. Disability equality
duty for public authorities
7. Summary of recommendations
Introduction
1.1 Sense welcomes the
opportunity to respond to the draft Disability Discrimination
Bill.
1.2 Sense is a national
voluntary organisation which works and campaigns for the needs
of people who are deafblind, providing advice, support, information
and services for deafblind people, their families and professionals.
It was founded in 1955 as a self-help group for parents of children
born with congenital rubella syndrome. Over the years our aims
have expanded to encompass people with acquired deafblindness.
Many of our service users experience a range of additional disabilities,
including learning difficulties. Some of these people are completely
deaf and blind, but most have some remaining use of one or both
senses
1.3 Sense welcomes this
draft bill which implements many of the outstanding gaps in the
Disability Discrimination Act 1995. This submission goes through
the provisions of the draft bill and addresses the issues that
are important to deafblind people.
Provisions of the draft bill
Transport - Clause 3
2.1 Transport is the most
important issue in this bill for deafblind people.
2.2 Sense welcomes the
fact that discrimination in relation to a means of transport will
now be covered. However, without the regulations it is very difficult
to understand how beneficial this will be to disabled people.
The content of the regulations needs to be made available as
soon as possible.
2.3 Deafblind people should
have the right to use public transport in the same way as anyone
else. However, at the moment there are issues that make it very
difficult for deafblind people to feel confident about using public
transport alone.
2.4 The following issues
are really important to deafblind people and Sense feels they
should be included in the regulations.
2.4 Staff (such
as bus drivers, taxi drivers and ticket inspectors on trains)
should have disability awareness training that includes deafblindness.
The training should include learning the manual fingerspelling
alphabet and the block alphabet. These two methods of communication
are easy to learn and yet if staff were able to use them it would
make an enormous difference to deafblind people.
2.5 Staff should be willing
to repeat announcements and other information to deafblind people
if necessary.
2.6 When buses stop, drivers or conductors
should be willing to tell deafblind people who are waiting for
the bus what number bus it is and where it is going. Deafblind
people have told Sense that they do not go on the bus alone because
they cannot see the number on the bus and are afraid they will
end up in the wrong place.
2.7 Announcements
need to be made both visually and audibly, as clearly as possible.
Some deafblind people will have enough vision to be able to access
a visual announcement as long as the font used is reasonably large
and clear. Other deafblind people have enough hearing, with the
assistance of a hearing aid, to be able to hear clear audio announcements.
However many announcements are not loud enough or clear enough
for anyone to understand. Speaking as clearly as possible should
be emphasised in disability equality training. However, there
are many deafblind people for whom both visual and audible are
difficult to access. Staff should to be aware that this is a
possibility and be willing to repeat announcements and other information
if asked.
2.8 Alarms and other
warnings. Deafblind
people, who are unable to see visual warnings or hear audible
warnings, can often miss warning announcements or alarms on trains,
buses and aeroplanes. Staff should to be particularly aware of
this difficulty and be ready to alert people when there is a problem.
2.9 Moving around on
the method of transport
can be very difficult for a deafblind person. The lighting needs
to be bright and uniform, to ensure that there are no areas of
shadow.
2.10 One member of Sense finds that
when he is in a taxi he cannot see the fare display and he cannot
hear what the driver says when he is sitting in the back of the
taxi, so he does not know how much he needs to pay. In this situation
he says that he just gives the taxi driver a ten pound note and
hopes for the best. This situation really emphasises the need
for disability training, including deafblindness and for information
such as the cost of fares to be displayed very clearly in large
print and the driver to face the person so that they could be
lipread.
2.11 These changes would
not be difficult or expensive for transport provider. The regulations
need to be produced as soon as possible, before the bill is completed
its passage through Parliament. Once the bill has become law
the codes of practice need be produced as soon as possible, to
explain the bill to transport providers.
2.12 Recommendations
- Staff disability equality
training, including deafblindness.
- Very clear audible
and visual announcements.
- Staff should be aware
of the need to alert deafblind when there is an alarm or warning.
- Lighting on transport
should be bright and uniform.
- The regulations need
to be produced as soon as possible.
- Once the bill has
been produced the codes of practice need to be produced as soon
as possible.
Functions of public authorities
- Clause 4
3.1 The bill says there
must be a 'very much less favourable' outcome before a reasonable
adjustment is required. We are concerned that this trigger will
be too high and does not provide the same level of protection
as the goods, facilities and services section in the DDA.
3.2 Recommendations
- The trigger for a
reasonable adjustment should be lowered to 'substantial disadvantage'.
Private Clubs - Clause 5
4.1 Sense welcomes the
addition of private clubs that are not included in the existing
legislation. Deafblind people are often unable to take part in
sporting, leisure and social activities because clubs are not
required to make the necessary adjustments to enable them to take
part.
4.2 There are no specific
reasonable adjustment provisions provided in the bill at the moment.
These will be implemented by regulations. These regulations
need to be made available for consultation sooner rather than
later.
4.3 This is an area where
the attitudes of staff and members towards disabled people is
likely to need improvement, as there may a lack of experience
and understanding. Support and training may need to be provided.
4.4 Recommendations
- The regulations on
private clubs need to made available as soon as possible.
- Support and training
may need to be provided for staff and members of private clubs.
Housing - Clauses 6 & 7
5.1 We welcome the extension
of the DDA's duties on those disposing of premises.
5.2 More detail needs
to be provided on the duty to take reasonable steps to provide
an 'auxiliary aid or service' to make it easier for a disabled
person to rent the property or to enjoy the property. We believe
that the auxiliary aids should include essentials such as vibrating
pagers, extra lighting and hand rails.
5.3 At the moment the
bill does not include the provision for tenants to be able to
make changes to the physical features of their home. This was
a Task Force recommendation that needs to be added to the bill.
5.4 Recommendations
- There needs to be
more detail provided by the government on the duty to take reasonable
steps to provide an 'auxiliary aid or service'.
- The bill needs to
include the provision for tenants to be able to make changes to
the physical features of their home.
Disability Equality Duty for public authorities
- Clause 8
6.1 We welcome this duty
for public authorities. There does, however, need to be a list
of public authorities and a definition given of what a public
authority is. A definition would mean that public bodies who
are not on the list but who match the description could be included
under the new duties.
6.2 It needs to be made
clear what specific duties will apply to which public bodies.
6.3 Recommendations
- There needs to be
a list of public authorities and a definition of what a public
authority is.
7.1 Summary
of Recommendations
- Staff disability equality
training, including deafblindness.
- Very clear audible
and visual announcements.
- Staff should be aware
of the need to alert deafblind when there is an alarm or warning.
- Lighting on transport
should be bright and uniform.
- The regulations need
to be produced as soon as possible.
- The trigger for when
discrimination occurs should be lowered to 'substantial disadvantage'.
- The regulations on
private clubs need to made available as soon as possible.
- Support and training
may need to be provided for staff and members of private clubs.
- There needs to be
more detail provided by the government on the duty to take reasonable
steps to provide an 'auxiliary aid or service'.
- The bill needs to
include the provision for tenants to be able to make changes to
the physical features of their home.
- There needs to be
a list of public authorities and a definition of what a public
authority is.
Conclusions
8.1 Deafblind people have
a right to participate in society on an equal basis with others.
This bill could be an important contribution to realising this
right. All the recommendations in this submission are vital but
not expensive. Providing disability equality training, making
clear announcements and including good lighting at the planning
stage are not expensive changes to make.
8.2 Sense feels very strongly
that this bill should be included in the legislative programme
as soon as possible.
25 February 2004
Contact:
Lucy Drescher
Campaigns and Policy Officer
Sense
11 - 13 Clifton Terrace
London N4 3SR
Tel: 020 7272 7774
Email: lucy.drescher@sense.org.uk
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