DDB 38 Enfield Council
Dear Sir/Madam,
Thank you for the opportunity
to respond as part of the consultation exercise of the draft Disability
Discrimination Bill. We have a strong interest in amendments to
the Disability Discrimination Act as we have approximately 35,000
disabled residents living in the borough, not including the number
of disabled persons who visit and work in
Enfield. We therefore
appreciate the chance to air our views.
The remainder of this
letter sets out our response to the details of the Bill.
General Comments
As an organisation, Enfield
Council retains a strong commitment to removing barriers to equality
and promoting inclusivity. We therefore welcome the publication
by the Government of the Draft Discrimination Bill (2003). We
feel that the Bill contains measures that will help to reduce
the physical, organisational and attitudinal barriers to equality
for disabled persons.
The Disability Discrimination
Bill will become law at around the same time as the final part
of the DDA is due to come into force (1 October 2004). Once the
Bill becomes law it will be the fourth phase of implementing the
DDA since 1996. This piecemeal approach to the implementation
of disability legislation creates a number of problems, although
we can appreciate the reasons why.
Enfield Council is currently
working to ensure that we comply with the facets of DDA that come
into force on 1 October 2004. In order to ensure compliance, the
Council carried out audits at each of our service centres (approximately
100) and used the ~results to develop action plans for each individual
service centre, departments/groups and for the organisation as
a whole. This activity has quite rightly been given much attention
by service managers.
Rob
Leak Tel: 020 8379 1Q00
Chief Executive Fax:
020 8379 3819
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However, once the Bill
becomes law we may have to repeat the process. Thus we have a
situation where there is a
duplication of resources. If the measures listed in the Bill had
been an element of the amendment that comes into effect by 1 October
2004, we could have avoided this duplication by including these
in the original audit and action plans. This places considerable
stress on our resources at a time when local government budgets
are subject to strict controls. A significant proportion of the
measures laid out in the Bill which affect public authorities,
are similar to some elements of the latest DDA amendment. These
could have been implemented at the same time with only a marginal
increase in terms of resources required.
Definition of 'disability'
Enfield Council values
inclusivity and for this reason broadening the definition of disability
is a positive move forwards. The conditions of HIV, MS and cancer
attract a great deal of stigma from the point of diagnosis, and
it is only right that the DDA should apply from this point.
Disability equality
'duty' for public authorities
The creation of a duty
to promote equality of opportunity and to eliminate discrimination
and harassment, is welcome. The imposition of the duty is a positive
move forwards as it will help to facilitate the 'mainstreaming'
of disability issues, in addition to removing the onus on individuals
to challenge discrimination through the courts and the problems
that this creates. Experience of a similar duty implemented under
the RR(A)A suggests that this will encourage public authorities
to work proactively towards equality.
The measures mentioned
in the Bill to ensure that all functions of public authorities
are brought within the scope of DDA, is a move that we strongly
approve and support. We feel that disabled persons have a right
to be able to use these services free of discrimination.
Imposing a duty and bringing
all public functions within the scope of the DDA is one of the
most positive aspects of the Bill. It adopts an approach similar
to the social model of disability i.e. that most of the day-to-day
problems that disabled persons encounter are caused by the fact
that society is designed to meet the needs of non-disabled people.
What disables people is not a particular condition but the way
that society reacts to it e.g. lack of choice, negative attitudes
and assumptions. The measures to impose a duty and eliminate discrimination
from all public functions, will help to embed these attitudes
and remove the physical, organisational and attitudinal barriers
that prevent equality.
Councillors
The intention to include
Councillors is a positive and interesting move. However, it
is difficult
to comment on this part of the Bill as the details are vague and
will only become more substantial following the end of the pre-scrutiny
stage in April 2004.
We trust you will find
these comments useful. If you have any queries regarding the contents
of this letter, please do not hesitate to contact me.
Yours sincerely
Rob Leak
Chief Executive
London Borough of Enfield
chief.executive@enfield.gov.uk
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