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Session 2003-04
House of Lords Publications on the internet
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Joint Committee on the Draft Disability Discrimination Bill Publications

Joint Committee on the Draft Disability Discrimination Bill - First Report

Here you can browse the report together with the Proceedings of the Committee. The published report was ordered by the House of Lords and the House of Commons to be printed 27 April 2004.


CONTENTS


Terms of Reference


REPORT


CHAPTER 1: INTRODUCTION

Existing legislation

History of consultation

The draft bill

The Committee's inquiry

Overview

Title of the bill

Structure of the report


CHAPTER 2: WHO SHOULD BE PROTECTED?

Introduction

The social model of disability

Extending the definition of disability to include people with HIV infection, multiple sclerosis and cancer from the point of diagnosis

Other progressive conditions

Regulation-making power

Coverage by the DDA of people with mental health problems

Additions and amendments to the list of normal day-to-day activities

Long-term effects requirement for people suffering from depression

People associated with disabled people and those wrongly identified as being disabled

Disability benefits

Armed forces


CHAPTER 3: TRANSPORT (CLAUSE 3)

Introduction

Regulations to extend Part 3 of the DDA

Training

Aviation and shipping

Part 5 DDA proposed changes (rail end-date consultation)

Refurbishment

Blue badge enforcement


CHAPTER 4: DISCRIMINATION BY PUBLIC AUTHORITIES (CLAUSE 4)

Current position

Draft bill changes

Duty to make reasonable adjustments

Anticipatory or reactive duty

Trigger to make reasonable adjustments

"Reasonable opinion" test

Exemption for allocating prisoners

Other exemptions


CHAPTER 5: DUTY ON PUBLIC AUTHORITIES (CLAUSE 8)

Current position

Draft bill changes

Definition of public authorities

Promotion of equality of opportunity

Promotion of good relations

Advocacy

Monitoring and enforcement


CHAPTER 6: LOCAL COUNCILLORS AND OTHER OFFICE AND POST-HOLDERS (CLAUSE 15)

Current position

Draft bill changes

Extension to all statutory elected or appointed office and post-holders

Exclusion for appointment to an office or committee

Duty to make reasonable adjustments

Breadth of coverage

Circumstances in which discriminatory treatment is taken to be justified


CHAPTER 7: PRIVATE CLUBS AND MEMBERSHIP ASSOCIATIONS (CLAUSE 5)

Current position

Draft bill changes

"Adversely affects": trigger for adjustment

Discrimination against disabled guests

Physical adjustments to listed and other buildings

Training for staff in private clubs


CHAPTER 8: HOUSING (CLAUSES 6 AND 7)

Discrimination in relation to letting of premises (Clause 6)

Meaning of "reasonable adjustments"

Extent of duty to make reasonable adjustments

Withholding of consent by landlords to the making of physical alterations to premises

Physical alterations to communal areas

Further evidence on physical alterations

Exemption for small dwellings (Clause 7)


CHAPTER 9: CLAUSES 1, 2, 10 AND 11

Discriminatory advertisements (clause 1)

Group insurance (clause 2)

Questionnaire procedure (clause 10)

Police (clause 11)


CHAPTER 10: VOLUNTEERS

Current position

Evidence

Conclusion


CHAPTER 11: TRIBUNALS

Current position

Draft bill changes

Power to order reinstatement or re-engagement

Power to recommend changes to policies, practices and procedures

Enforcement of Part 3 cases through employment tribunals rather than the courts


CHAPTER 12: EXAMINING BODIES AND STANDARD SETTING AGENCIES

Current position

Evidence

Conclusion


CHAPTER 13: TRIGGERS


CHAPTER 14: FINANCIAL IMPLICATIONS


CHAPTER 15: CONCLUSIONS AND RECOMMENDATIONS


APPENDIX 1: JOINT COMMITTEE ON THE DRAFT DISABILITY DISCRIMINATION BILL

APPENDIX 2: LIST OF WITNESSES

APPENDIX 3: CALL FOR EVIDENCE

APPENDIX 4: SCHEDULE LISTING WITNESSES' COMMENTS ON THE DRAFT BILL, WITH GOVERNMENT RESPONSES

APPENDIX 5: LIST OF ACRONYMS

APPENDIX 6: FORMAL MINUTES



MINUTES OF EVIDENCE - VOLUME II (HC 352-II / HL 82-II)




WRITTEN EVIDENCE - VOLUME II (HC 352-II / HL 82-II)




 
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Prepared 27 May 2004