DDB 136 Equality Commission for Northern
Ireland - Further Evidence
7 April 2004
Lord Carter
Chairman to the Joint
Scrutiny Committee
on the Draft Disability
Discrimination Bill
House of Lords
London
SW1A 0PW
Dear Lord Carter
FURTHER EVIDENCE
TO THE JOINT COMMITTEE ON
THE DRAFT DISABILITY
DISCRIMINATION BILL
Thank you for allowing
the Equality Commission for Northern Ireland to present evidence
to the Joint Committee on the Draft Disability Discrimination
Bill on 30 March. As discussed, I have set out below further
information for the Joint Committee to consider.
Legislative Review
of the Disability Discrimination Act 1995
As we mentioned in our
evidence, the Commission, together with the Disability Rights
Commission, our sister organisation in Great Britain, carried
out a review of the DDA, which we published in 2003. Our review,
'Enabled?', made 34 recommendations for change to disability legislation,
over and above those already under consideration by the Government.
A copy of 'Enabled?' is attached for information.
One issue we particularly
wanted to highlight was discussed by the Joint Committee in its
session with MIND immediately before the Commission gave its evidence.
The delegation from MIND proposed that the requirement in the
definition of disability used in the DDA for a disability to have
lasted, or be likely to last, for 12 months be reduced to six
months. The Commission has gone further than this and recommended
that the time limit be removed altogether.
As MIND reported, in a
number of cases, people who have experienced a series of severe
depressions, each individually lasting less than a year, have
been ruled not to be disabled under the DDA. The applicants have
argued that, because they have a recurring depressive illness,
this should be covered. However, unless they can show a persistent
low grade depression (known as dysthymia), technically they will
have an impairment which recurs rather than a continuing impairment
with recurring effects. This means they are not currently protected
by the DDA.
Additionally, with regard
to proposals in Northern Ireland for legislation akin to the Special
Educational Needs and Disability Act 2001, the severity of a childhood
condition is often more significant than its length. The 12 month
exclusion may prevent the duties on disability applying to relatively
short term childhood illnesses that can have a serious impact
on subsequent educational progress.
The Commission has, therefore,
proposed the removal of the 12 month requirement altogether from
the definition of disability, with the guidance revised to make
clear that issues such as 'uncomplicated bone breakage' should
not be covered by the DDA. We feel that this would allow sufficient
exclusion of trivial or short term debilitating conditions.
Statutory duty on public
authorities
In addition to the information
given orally to the Joint Committee about the operation of Section
75 of the Northern Ireland Act 1998, the Commission wishes to
make the following points, which time constraints prevented us
from doing so on the day:
- Alternative formats
- the advent of the Section 75 duties has seen a significant improvement
in the availability of Government documents in alternative formats
for people with sensory impairments and learning disabilities,
as well as the provision of textphones and SMS texting facilities
as means of contacting public authorities
- Capacity building
- we have found
that the Section 75 duties have worked best where the capacity
of disability groups (and indeed others) has been developed, so
that they are better able to respond effectively to consultation.
The important role of disability groups needs to be recognised
and supported by public authorities. This might include, for
example, training in legislative and policymaking
processes and lobbying
- Carers
- as well as disabled people, Section 75 covers people with dependants.
This is a particularly important in ensuring comprehensive rights
for disabled people, many of whom rely on carers for support.
If carers experience discrimination, this can have a knockon
effect to disabled people. Examples include additional costs
incurred when disabled people need to be accompanied. Including
carers within such an equality framework would help ensure that
these issues are considered by policymakers
- Multiple identities
- in implementing their statutory duty, public authorities will
need to be aware of the other identities of disabled people (gender,
race, etc) and the impact these have on their lives. The duty
is not merely about collecting statistics on the numbers of disabled
people, but about real understanding of disability issues, which
can only be achieved through meaningful dialogue with disabled
people.
At our session with the
Joint Committee, I promised to let you have examples of where
services procured by public authorities have had to comply with
the statutory duty, which in effect means that it is beginning
to permeate the private sector. These examples are set out briefly
below and I can let you have more detailed information on them
if that would be helpful.
- Electronic Libraries
- the equality impact assessment (EQIA) undertaken on proposals
to enhance and extend the use of information and communication
technology in libraries found barriers to disabled people, older
people, and black and minority ethnic people. The project was
a PFI initiative involving private sector provision of IT equipment,
maintenance support and staff training, with a number of staff
being transferred to the contractor. As a result of the EQIA
changes were made to the contract and action was taken to eliminate
adverse impacts through the provision of training of library staff
to meet the needs of the disadvantaged groups, and adaptive technology
was provided for people with visual impairments. Additional monitoring
arrangements were also included in the contract to ensure monitoring
of the effectiveness of these measures
- School Public Private
Partnerships (PPPs) -
an EQIA is currently being undertaken in relation to six new secondary
schools being built to identify the impact of the PPP on staff
and service delivery arrangements, and to ensure the transfer
of Equality Scheme commitments through the PPP to the private
sector providers
- 'Cook-Chill'
catering services - the EQIA undertaken by a Health and Social
Services Trust on proposals to centralise provision of catering
services identified a range of impacts on hospital patients and
staff from several equality categories, including disabled people.
These adverse impacts were removed through specific support measures
put in place for disabled people, older people, and black and
minority ethnic people, and redeployment rather than compulsory
redundancy of staff
Lastly, I have enclosed
a copy of the Commission's report on the implementation of the
Section 75 statutory duties during 2002-03, which we published
recently and which gives the Joint Committee a flavour of how
this legislation has improved the lives of disabled people, amongst
others, in Northern Ireland.
I hope that this is helpful.
I can supply further copies of the enclosed documents if required.
I wish the Joint Committee well in its deliberations and a successful
and speedy implementation of its findings. If the Commission
can be of any further help please do not hesitate to contact me.
Yours sincerely,
DAME JOAN HARBISON
Chief Commissioner
Direct line (PA): 028 90 500
688
Textphone: 028 90 500 589
Fax: 028 90 329227
Email: cingram@equalityni.org
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