DDB 68 London Borough of Hammersmith and
Fulham
Submission by the
London Borough of Hammersmith and Fulham on the Draft Disability
Discrimination Bill to the Joint Committee
Overview
1. The London Borough of Hammersmith
and Fulham welcomes the Government's publication of the draft
Disability Discrimination Bill. The Authority takes a proactive
approach to equalities and has lobbied for many of the proposals
contained within the Bill. The authority strongly backs the proposals
to bring elected members and most council functions within the
scope of the Disability Discrimination Act.
2. Hammersmith and Fulham welcomes
the introduction of a duty to be placed upon local authorities
to actively promote equality for disabled people. However, it
believes that a similar duty should also be introduced in respect
of other discriminated sections of society including women, and
this would be best achieved through a single equalities bill.
3. However, this Authority fears
that Government's current piecemeal approach in introducing equalities
legislation could lead to additional complexity and confusion
for those who are committed to implementing the spirit of the
law. It is also in danger of creating resentment due to a perceived
imbalance between how the law impacts upon different discriminated
against sections of society.
4. The Authority is concerned
to ensure that any specific duties placed upon authorities are
consistent with and support the other equalities requirements
that councils, such as Hammersmith and Fulham, are trying to implement
in practice, such as equality impact assessments.
5. The Authority notes the common
approach between this draft Bill and the provisions within the
Race Relations (Amendment) Act. The specific duty to produce
a Race Equality Scheme undoubtedly has had a positive impact in
raising the profile and mainstreaming race equality within the
public sector organisations. We believe, however, it would be
an error to just replicate this in respect of disabilities and
instead propose that the implementation of the Disability Discrimination
Bill should be progressed through a generic equality plan that
encompasses the Race Equality Scheme and forms part of the Generic
Equality Standard.
6. We would also argue that a
single equalities bill would pave the way for the introduction
of a single equalities commission and would address current concerns
expressed by different sections of the community that such a body
might result in their rights being eroded and interests marginalised.
The scope of the Bill
The Borough has called for and strongly
welcomes the proposals to bring elected members within the scope
of the Disability Discrimination Act. However, we believe that
the scope should be extended further to cover:
a) all elected or appointed politicians,
at national as well as local level
b) all representatives on governing
bodies of public sector organisations, such as school governors
and PCT governance arrangements
c) to include the enabling power to
cover volunteers, as per the recommendations of the Disability
Rights Task Force's recommendations
We would also recommend that the Bill
be amended
a) to cover all examining bodies and
standard setting agencies;
b) to provide greater clarity in the
operation of the definition of disability.
One of the omissions from the Bill
is that it fails to tackle the problems that people with mental
health problems face in enforcing the DDA. And whilst the Authority
welcomes the widening of the meaning of disability in Clause 12
of the draft Bill, we recommend it is amended further to ensure
anyone who has a progressive condition is deemed to be covered.
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