DDB 113 Commission
for Racial Equality
Re: Joint Committee
on the Draft Disability Discrimination Bill
Memorandum of Anthony
Robinson, Legal Director, Commission for Racial Equality
I have been asked to provide
evidence to the Committee specifically on the following issues:
1. Clause 8 relating to
the public duty and whether it should include a duty to promote
good relations?
2. "Whether discrimination
"on grounds of disability" should come under the DDA?
3. Whether the Bill should
include a list of what public authorities are covered by the proposed
duty?
4. Clause 4 relating to
outlawing discrimination by public authorities in the exercise
of their functions.
5. Clause 5 relating to
the extension of the DDA to private clubs.
I set out below in summary
form my response to the questions that I have been given:
1. The view of the CRE
is that the duty in Clause 8 should include a duty to promote
good relations. The experience of the CRE is that this is an essential
duty on public authorities that is a natural complement to the
duty to promote equality of opportunity. The recent disturbances
in the North highlighted the issues of social cohesion and segregation
on racial and social grounds and the need for public authorities
to take effective measures to deal with those issues. Some of
the issues of social cohesion and segregation, but also of acceptance
apply similarly to disabled people. Therefore the duty will:
a. Ensure that disability
issues are mainstreamed into the public authorities.
b. Avoid the previously
voluntary and inconsistent approaches to disability across public
authorities.
c. Provide greater impetus
for the calls for the race equality duties on public authorities
under the RRA to be extended to all forms of discrimination.
d. Improve decision-making
and the services provided by public authorities.
e. Avoid public authorities
from incurring the economic costs, diseconomies and inefficiencies
that are caused by discrimination.
2. I am not clear what
is meant by "whether discrimination "on the grounds
of disability" should come under the DDA"(sic) . I assume
that what is being referred to is the question of whether the
Bill should cover someone who is wrongly thought to be disabled,
or who have a disabled partner or where someone is being asked
to discriminate against a disabled person. The protection provided
under the Race Relations Act 1976 ("RRA") has been held
to include treating a person less favourably because of another
person's colour (e.g. because of their association with black
person) or because they have refused to comply with instructions
to discriminate. (See Zarczynska V Levy [1978] IRLR 532, Showboat
Entertainment Centre Ltd V Owens [1984] IRLR 7 & Weathersfield
V Sargent [199] IRLR 94. Although I have not been able to locate
a similar case under the Sex Discrimination Act 1975 I anticipate
a similar conclusion would be reached by a court or tribunal.
I would advocate that such protection should also be afforded
to disability discrimination issues.
3. The duty under s71
of RRA refers to a body or person specified in Schedule 1A as
amended by Order of Parliament. In some respects it is easier
to have a list, as it provides clarity and avoids legal challenges
and the need to test the matter in court. However, it can also
cause difficulties when bodies cease to exist (e.g. the recent
changes to health authorities or bodies). In this situation representations
have to be made to the Home Secretary and a lot of work is involved
in persuading the Home Secretary and having an Order laid before
Parliament that lists the new bodies.
4. (1) The RRA has been
in existence now for 28 years yet the evidence is that racial
discrimination is as prevalent, if not even more so than it was
when the Act was passed in 1975. The evidence of the Macpherson
Inquiry was that effective steps needs to be taken to address
it effectively. One step that was recommended was the introduction
of the public duty.
(2) One important aspect
of the public duty is that it aims to act in a proactive and preventative
way. This places the responsibility on public authorities to take
positive steps eliminate discrimination; promote equality of opportunity
and good relations.
(3) The economic costs
arguments are also applicable.
5. The CRE would endorse
the extension of the DDA to private clubs. The RRA applies to
clubs or associations of twenty-five or more members.
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