DDB 14 Welsh Local Government Association
WLGA Consultation Response: Draft Disability Discrimination
Bill
February 2004
Welsh Local Government Association
Local Government House
Drake Walk
CF10 4LG
Tel: 02920 468660
Fax: 02920 468601
1. Introduction
The Welsh Local Government Association (WLGA) represents
the interests of all local authorities in Wales. The three combined
Fire Authorities, Police Authorities and three National Park Authorities
are associate members. In 2001 the WLGA, with funding from the
National Assembly for Wales (NAfW), established the Equalities
Unit for Local Government in Wales. The Unit provides advice,
guidance and support for local authorities on improving their
equality practice as well as promoting the Equalities Standard
for Local Government in Wales (ESLG). This response has been
developed by the Association's Equalities Unit following consultation
with the Equality Officer Network and Welsh Local Authority Chief
Executives.
2. General Comments
The changes and extension of rights and responsibilities contained
in the draft Bill are broadly welcomed and should provide improvements
in opportunities and means of redress for disabled people who
experience discrimination.
Authorities have expressed some concern in terms of the different
requirements and terminology contained within the separate pieces
of equality legislation currently in place. One such example
in Wales is that local authorities have duties to produce Welsh
Language Schemes as well as Race Equality Schemes to differing
three-year timescales. It is understood that the Government is
considering how to shape the Specific Duties contained in the
draft Bill and it is likely the public authorities will have a
duty to produce a Disability Equality Scheme similar to those
already in place for race equality. We would welcome recognition
from Government in the regulations that where possible these timescales
should be consolidated to enable effective co-ordination of equalities.
Furthermore we encourage Government to consider implementing
a single equality Act within the UK to provide a consistent body
of legislation which would in-turn provide a solid foundation
for the work of the new Commission for Equalities and Human Rights.
Local authorities in Wales are working towards the Equality Standard
for Local Government in Wales and are taking steps to adopt a
generic approach. Authorities cannot deliver equality outcomes
on their own and need to work in partnership with community groups
and other public sector agencies who may wish to concentrate on
the minimum standards set by legislation. We request the Government
to consider the need for generic equality schemes to be developed
so that authorities and the wider public sector can define their
own priorities for the promotion of equality for all people rather
than mirroring the patchwork of equality legislation that currently
exists for service delivery and employment across the range of
equality strands.
Recognition is sought from the Government on the resource implications
of the new proposals. It is accepted that good public services
are those that meet the diverse needs of the community and that
public authorities have obligations not only those governed by
legislation but as community leaders to demonstrate the added
value of equality. However, there are costs associated for example
undertaking access audits, developing solutions to eliminate barriers
to access, developing the required monitoring systems and training
and awareness raising of officers and Elected Members.
3. Specific Comments
The following comments are provided for a selection of the specific
clauses contained in the draft Bill.
Clause 1 - Discriminatory job advertisements
This extends the provisions of the Act in respect of discriminatory
advertisements to include publishers and is welcomed.
Clause 3 - Exemption for transport vehicles and
lifting of such exemptions
Whilst this clause is broadly welcomed as it extends the rights
of disabled people in respect of using transport vehicles subject
to the regulations that will subsequently be drafted, local authorities
have requested some clarification and guidance on their roles
and responsibilities in terms of licensing private hire vehicles
and the provision of school and community transport. How would
the duty to promote disability equality tie in with this clause
and would it be considered 'reasonable action' for a Local Authority
to put conditions on licensing or contract requirements? The
impact of this provision will depend entirely on the content of
regulations and it is important that the Government make clear
its intentions at the earliest opportunity.
Clause 4 - Extension of the DDA to all functions
of public bodies
It is anticipated that the extension of the Disability Discrimination
Act to include all functions of public authorities will provide
improved clarity in areas that have previously proved difficult
to interpret. For example, whether the provision of highways
fall within the definition of service provision in the current
Act has always been a 'grey area'. The proposed extension also
covers the decisions made by authorities (except those covered
by exemption in the draft Bill and those decisions made in accordance
with existing statutory frameworks). Whilst this duty is similar
to that contained in the Race Relations (Amendment) Act in terms
of race equality, it does have the additional the duty to make
a reasonable adjustment where disabled people are at a disadvantage.
This duty places the onus on public services to ensure that
any systematic bias is removed from the way in which services
employment practices are delivered and will need to be backed
by comprehensive guidance so that authorities are aware of what
practical steps the Government expects them to take.
Clause 6 - Duties for landlords and the management
of rented premises
Presently the Disability Discrimination Act prohibits unjustified
less favourable treatment of disabled people by persons managing
or disposing of premises but does not provide a duty requiring
reasonable adjustments to policies, procedures or practices or
to provide auxiliary aids and services. The proposed changes
to the Disability Discrimination Act to bring about such a requirement
is broadly welcomed. Local authorities already work with bodies
and organisations who are committed to responding to people's
need for suitable accommodation and strive to ensure that terms
and policies do not discriminate against disabled applicants with
specific needs. While preparations are generally reasonably effective
in the public sector and social landlords, problems could arise
in the private lettings sector, where investment is needed in
the general standard and safety of properties for let. The role
of policing and dealing with complaints in this area could impose
extra pressure on local authority enforcement departments and
so clarity is needed over who is responsible for this.
We understand there will not be a requirement on landlords to
change physical features of premises and the Disability Rights
Commission has endorsed this. However, other legislation such
as the Landlord and Tenant Act 1927 provides that landlords should
not be allowed to withhold consent unreasonably for a person with
a disability making changes to the physical features of the premises.
This provision is not included in the draft Bill but in order
to avoid confusion it may be worthwhile to include specific reference
to this duty within the Bill.
Clause 8 - General Duty to promote disability
equality
The establishment of a General Duty for public authorities to
promote disability equality has been welcomed by authorities.
Whilst it is accepted that the duty is intended to be similar
to that contained in the Race Relations (Amendment) Act the definition
of the General Duty contained within the draft Bill is in fact
different and is required to be so to enable disabled people to
benefit from improved opportunities e.g. the requirement to make
reasonable adjustments. However, the wording of part (c) of the
duty, 'the need, where opportunities for disabled persons are
not as good as those for other persons, to promote equality of
opportunity between disabled persons and other persons by improving
opportunities for disabled persons', is considered to be confusing
in its terminology and negative in focus in comparison to the
race equality duty. It is suggested that this could be made more
clear and positive by stating 'that where disabled people experience
disadvantage there is a need to promote disability equality and
improve opportunities for disabled people'.
Within the proposed Duty there is no mention of 'promoting good
relations'. The inclusion of this would encourage a more proactive
approach to compliance with part (b) of the duty 'the need
to eliminate harassment that is unlawful under the Act'.
We seek clarification from the Government as to whether the desired
outcomes from the draft Bill are the same as those anticipated
from the Race Relations (Amendment) Act and if not, what are the
differences in outcome the Government would like to see overtime.
In relation to the Specific Duties the draft Bill allows the Government
to issue regulations providing further detail around the nature
of the Duties. We have received representations from local authorities
that were concerned at the lack of time given to public authorities
when drafting Race Equality Schemes and the late publication of
guidance in this respect. A more reasonable lead-in time and
timely guidance on complying with the Specific Duties coming out
of the new Bill would be appreciated.
Clause 9 - Codes of Practice
The Disability Rights Commission is viewed as the most appropriate
agency to provide Codes of Practice on the new requirements, and
we welcome the new subsections (4A) and (6A) that specify that
where relevant, the Scottish Ministers and National Assembly for
Wales are to be consulted before Codes of Practice are issued
or come into force.
Clause 12 - Extending the definition of disability
The widening of the definition of disability to include people
with progressive conditions (HIV/AIDS, MS and Cancer) from the
point of diagnosis is welcomed. These conditions attract a great
deal of stigma from the point of diagnosis and it is important
that the Disability Discrimination Act should apply from this
point.
Appendix to the draft Disability Discrimination
Bill
We look forward to receiving further details of the Government's
intention to provide protection from discrimination on grounds
of disability for Councillors. The proposal to make the definition
of discrimination two-fold (duty to not treat a Councillor less
favourably on grounds of their disability and to make reasonable
adjustments) mirrors the definitions of how discrimination can
occur in Part II and III of the current Act and is welcomed.
Brining Councillors under the remit of protection in the Disability
Discrimination Act has the potential to increase access to the
democratic process and the provision of more accessible services
to Councillors will have a positive effect for service users.
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