Joint Committee on the Draft Disability Discrimination Bill Written Evidence


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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