DDB 112 Equality Commission for Northern
Ireland
JOINT COMMITTEE ON THE DRAFT DISABILITY DISCRIMINATION
BILL
Evidence from the Equality Commission for Northern
Ireland
Introduction
1.1 The Equality Commission for Northern Ireland
has responsibility for the legislation on equal pay, sex discrimination,
disability discrimination, fair employment and treatment, race
relations and the public sector statutory duty. The mission of
the Commission is to combat discrimination and promote equality
of opportunity through advice, promotion and enforcement. The
Commission has a general duty to keep equality legislation in
Northern Ireland under review and to advise Government on recommendations
for change.
1.2 The Commission welcomes the opportunity to meet
with the Joint Committee and discuss issues which are of particular
interest and concern to disabled people in Northern Ireland.
2 Disability legislation in Northern Ireland
2.1 We strongly welcome the Bill, particularly its
proposals to revise the definition of disability and to include
areas currently excluded, such as transport. Indeed, in 2003
we published a report titled "Enabled?" with 34 recommendations
for change to the DDA. We asked that the Government enact the
primary legislation needed to implement our recommendations and
those of the DRTF and avoid the use of Regulations to meet its
obligations under the EU Framework Directive.
2.2 The Commission has worked closely with the Disability
Rights Commission and our recommendations strongly reinforce each
other given that we both approached the legislative review by
considering the ERPF recommendations not yet implemented. We
have consulted widely with our stakeholders in Northern Ireland
and carry their strong endorsement for the changes we propose
in the report's 34 recommendations.
2.3 The Commission welcomed the announcement made
during a visit to the Commission on 16 March by the Minister with
responsibility for equality issues, the Rt Hon John Spellar MP,
that the disability rights legislation in Northern Ireland will
be brought into line with that in Great Britain. However, there
is no guarantee that the legislation will be introduced in Northern
Ireland at the same time as in Great Britain.
2.4 We already have experience of this legislative
delay with regard to education. The Special Educational Needs
and Disability Act 2001 does not apply in Northern Ireland and
identical legislation is not expected to become law here until
at least the end of 2004, with a view to implementation from September
2005. We consider that a three year delay is unacceptable and
seriously discriminates against people with disabilities in Northern
Ireland. While we acknowledge that disability rights is a deferred
matter we look to the Joint Committee to strongly support the
need for equity in legislative change which must benefit all of
the citizens of the UK.
2.5 There are two further factors specific to Northern
Ireland which we would wish to draw to the Committee's attention.
First, the Department of Health, Social Services and Public Safety
has commissioned a major review of the law, policy and provision
for people with mental health needs or a learning disability,
currently underway under the chairmanship of Professor David Bamford.
It has included in its remit equality and human rights, and the
Commission is represented on the review panel. This review is
well aware of the current discrimination faced by individuals
who have experienced mental ill health as was outlined in some
detail to the Committee by the Disability Rights Commission.
Exactly the same issues and concerns apply to Northern Ireland.
2.6 Secondly, it had been anticipated that a Single
Equality Act would have harmonised equality legislation in Northern
Ireland ahead of any legislative changes to the DDA. It now appears
likely that a Single Equality Act will be enacted in 2006 at the
earliest. This strengthens our belief that disability specific
legislation should be developed and enacted in Northern Ireland
co-terminously with legislative change in Great Britain - Northern
Ireland should not be allowed to fall behind Great Britain in
any legislative provision. This is not to say that Northern Ireland
should not when appropriate take the lead in developing better
law for disabled people.
3 Section 75 and disabled people
3.1 Section 75 of the Northern Ireland Act 1998 introduced
public sector statutory duties in Northern Ireland. All designated
public authorities, including most Northern Ireland public authorities
(Government departments and agencies, local government, health,
education, housing and others) and a range of UK-wide public authorities
with functions in Northern Ireland (including Inland Revenue and
Lottery funding bodies) must have due regard to the promotion
of equality of opportunity for nine specified categories, including
the category of "persons with a disability and persons without".
3.2 178 public authorities have been designated for
Section 75 purposes and 162 of these have had equality schemes
approved by the Commission. These schemes are being implemented,
many since the spring of 2001.
3.3 Implementation has meant that public authorities
must:
- Mainstream equality of opportunity considerations
into policy development, implementation, monitoring and review.
- Strategically implement the duty, through their
strategic and corporate objectives and plans.
- Screen their policies, existing and new, to identify
those which have significant implications for promoting equality
of opportunity, and consult with affected groups in the nine categories
to validate their decision.
- Equality Impact Assess policies which have significant
impact, including processes to define the aim of the policy; consider
available data and research (quantitative and qualitative); assess
the impact of the policy on people in the nine categories; consider
measures to mitigate adverse impacts or better promote equality
of opportunity; formally consult on their assessment of impacts
and steps to mitigate; following consultation decide the revised
policy and provide feedback on consultation to consultees; publish
the Equality Impact Assessment (EQIA); and monitor the implementation
of the revised policy to verify that it is effectively promoting
equality of opportunity for people in the nine categories.
- Make staff aware, at all levels, of Section 75
requirements and the need to effectively promote equality.
- Provide training on Section 75 processes and
skills for e.g. screening, EQIA, consultation, ensuring accessibility
of information and accessibility to services.
- Collect data to improve policy and services for
people in the nine categories.
- Provide information in a way which is more accessible
than in the past, including the use of a range of formats.
- Deal with complaints that the authority has,
allegedly, breached its approved equality scheme.
- Consult in a way that is meaningful and inclusive,
including giving feedback and taking on board views and suggestions
of people from the nine categories.
- Identify outcomes and impacts on people to measure
continuous improvement in delivery of equality of opportunity.
3.4 All of these requirements impact on people in
terms of their Section 75 category and in terms of multiple identity,
e.g. disabled people who are male/female, have dependents (children/sick
or elderly relative or friend), are of different racial group
and/or religious belief, and/or political opinion. No one is a
member of only one of the nine categories.
3.5 In relation to disabled people, the benefits
of Section 75 have been:
- Consultation on the impact of proposed or actual
policies.
- Early engagement on EQIAs, through focus groups,
fora or category specific meetings, to ensure that consultation
documents take account of their views and suggestions.
- Partnership approaches to training programmes,
involving input to design and delivery of programmes for public
authority staff.
- Increased awareness of disability issues through
mainstreaming and training, particularly for front line staff
but also, crucially, for service managers and policy-makers -
the decision-makers.
- Improved accessibility to information about the
authority and its functions and services, through engagement with
the disability sector.
- Improved accessibility to services, through re-design
of policy and services to attract users from across the nine categories,
including people with a disability.
- Improved monitoring of uptake to services, through
improved information management systems to gather information
on who is using (or not using) services.
4 Potential of Section 75 for disabled people
4.1 Consultation and engagement means that disabled
people can really influence public policy and the way in which
services are provided.
4.2 Disabled groups can engage in EQIAs because public
authorities must consult with them, and can prepare for engagement
as the Commission produces a consolidated EQIA timetable.
4.3 Public authority/disability group partnerships
are raising awareness of disability issues within public authorities;
this impacts on awareness and understanding of staff, and on better
service delivery and design.
4.4 The development of Section 75 complaints and
investigations procedures by the Commission offers real potential
for ensuring that major issues regarding disability and equality
of opportunity can be addressed. This has potential to ensure
that public authorities deliver on their Section 75 obligations,
mostly through naming and shaming, but potentially through sanctions
(including the potential for the Commission to impose an equality
scheme on a public authority).
5 Challenges
5.1 Monitoring for disability is difficult, as only
around 1 in 5 people with a disability is visibly disabled. People
with a disability should make public authorities aware of their
disability (through monitoring systems) or public authorities
will find it difficult to meet their current/future needs through
services design/delivery. We are developing Section 75 monitoring
guidance, in conjunction with public bodies and representatives
of affected groups.
5.2 The disability sector needs commitment and resources
to engage with Section 75. There are challenges to the sector
in terms of being more strategic and joined up in making their
input, in sharing the workload and leadership, in pooling resources
and effective lobbying.
5.3 Public authorities can listen and learn from
the disability sector but the communication channels and link
persons have to be in place and be visible, on both sides. Public
authorities could communicate better.
5.4 Public authorities are resourcing Section 75
through production of schemes, consultation and appointing dedicated
equality officers - groups from the voluntary/community sector
are rarely paid for their skills/expert support or their time.
5.5 Public authorities have to take account of diversity
of disabilities within the disability sector; it's not just about
providing ramps and signage.
5.6 The Commission is seeking designation of additional
key public services, including public transport, schools and primary
care organisations - designation of these could make significant
impact on service delivery for disabled people.
6 Conclusion
6.1 During the suspension of the devolved administration
in Northern Ireland, the Commission particularly welcomes the
opportunity to make a contribution to the work of the Joint Committee,
and to stress the need for all citizens of the United Kingdom
to have equal access to legal protection against discrimination.
We are also glad to have had the opportunity to share our experience
in working with a statutory duty to promote equality and our belief
that this is a potentially very powerful tool.
26 March 2004
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