DDB 29 Spinal Injuries Association
Spinal Injuries Association
(SIA) comments on the
Draft Disability Discrimination
Bill
SIA welcomes the additions and amendments
contained in the draft Disability Discrimination Bill. The draft
Bill demonstrates a commitment by the Government and the measures
outlined are positive and significant steps towards combating
the acts of discrimination experienced by disabled people. However,
the draft Bill falls short of what disabled people want and need.
Clause 1 - Discriminatory Job Advertisements
This is a positive step in changing
the negative images often portrayed of disabled people. However,
this could create opportunities to pass on the blame. If it were
the duty of those accepting advertisements to be responsible for
their publication complying with the legislation it would simplify
matters.
Clause 2 - Group Insurance
This is a welcome move in providing
greater equality in regard to employee's benefits to now include
such insurances as medical expenses insurance.
Clause 3 - Transport
SIA welcomes the framework which will
allow regulations to bring into Part 3 of the DDA all different
modes of transport, including taxis, private hire vehicles, trams,
private rental or car hire, buses and trains. However, the outcome
of this will depend on the content of the regulations. Therefore,
we need to know these before we can congratulate the Government
on a job well done. When will the Government let us know about
their plans? We understand that this is a complex area but we
are enthusiastic to know the end date for transport services and
to see the measures introduced for setting an end date for rail
vehicle accessibility.
Clause 4 & 8 - Public Authorities
SIA congratulates the Government on
the introduction of the disability equality duty to be placed
upon public authorities requiring them to eliminate discrimination
and harassment as defined under the Act. In the past the only
means of challenging discrimination has been through individual
disabled people taking legal action. This clause begins to recognise
what disabled people have sought from legislation for a long time
- the problem is the act of discrimination not disability itself.
This is a step in the right direction
- but will it lead to a 'Right to Independent Living'? Disabled
people need assurance that they will be able to access their basic
requirements to live independently and to participate fully in
the community in which they live. These needs include: fully
accessible housing; appropriate education; advocacy; employment;
support to live independently; information; and financial support
that meets the real costs of living as a disabled person. Hopes
for such are dashed in this draft Bill as 'reasonableness' will
be determined after consideration is given to costs and resources.
The Bill allows for discriminatory conduct to be justified if
in the opinion of the public authority (when it is reasonable
for such an opinion to be held) the action of treating a disabled
person equally favourably would involve extra costs that would
be too great when considered against available resources. The
Disability Rights Commission questioned the appropriateness of
a 'reasonable opinion standard' in cases of discrimination and
highlighted this in their 2003 document 'Disability Equality:
Making it Happen'. Problems occur when those judging what is
reasonable do so based on wrongly held perceptions of disabled
people. Surely there should be no room in anti-discrimination
legislation for justification of discrimination when it comes
to public services? It should be possible to achieve the legitimate
aims of the public bodies without discrimination against disabled
people.
Clause 5 - Private Clubs
It is good to see that clubs with a
membership of 25 or more will be covered by the Act. Discrimination
will be prohibited in the way in which membership is given or
benefits afforded but problems will still arise in private clubs
as the Disability Discrimination Act only applies to services
to the general public.
Clause 6 - Rented Premises
This will give protection to a great
many disabled people living in private rented accommodation who
hitherto had limited rights. SIA feels strongly that landlords
should not be allowed to withhold consent from a disabled person
who asks to make reasonable physical changes to the property they
let if the landlord is not being asked to meet these costs. Newly
spinal cord injured people do find themselves homeless as they
are unable to return home after discharge from hospital because
their landlord does not allow alterations to be made.
We welcome the duty placed upon those
managing or disposing of premises to make reasonable adjustments
to their policies, procedures and practices and the right of a
disabled person to have an assistance pet live with them in rented
accommodation.
Clause 12 - Definition
SIA supports the call by other organisations
representing disabled people to extend the definition to be inclusive
of all people facing discrimination as a result of their disability
- in particular those representing users and survivors of mental
health services and people with learning difficulties.
It is wrong to provide for future regulation
that defines which cancers are to be included and which will not.
Conclusion
Nine years on from the introduction
of the Disability Discrimination Act (1995), disabled people will
still continue to face discrimination. Once the Bill has been
enacted the Government will have met its 2001 Manifesto commitment
- but we still have a long way to go. 70% of the recommendations,
supported by the Government, in the Disability Rights Task Force's
- 'Towards Inclusion' will have been implemented but what about
the remaining 30%?
The draft Bill falls short of the 'Disabled
People's Rights and Freedom Charter' put forward by the disability
movement. There needs to be a greater emphasise on the dignity
of a disabled person in particular with regard to 'moving and
handling' and 'health and safety' issues. The Disability Rights
Commission needs to be given powers to take cases under the Human
Rights Act to support disabled people in their right to life and
protection from degrading and inhuman treatment.
Paul Smith
SIA Executive Directo
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