Breadth of coverage
271. The LGA was concerned that the legislation
may not adequately cover the breadth of situations councillors
face while undertaking their duties. Currently, clause 15 provides
that reasonable adjustments should be made in connection with
the "carrying out of official business".[313]
However, the Committee heard that there is "a grey area about
what is official and what is not".[314]
For example, although the Mayor of Islington, who is disabled
and uses a wheelchair, receives transport to council meetings
she does not necessarily get transport to external organisations
on which she represents the council. The Committee heard that
some disabled councillors faced problems holding advice surgeries
because they could not find accessible buildings, and while some
councils consider arrangements for advice surgeries part of supporting
the councillor, others do not.[315]
272. The Minister told the Committee that they
would certainly expect reasonable adjustments to be made for surgeries
and activities that a person would undertake as part of carrying
out their duties as a councillor. She suggested that there would
be difficulties surrounding political activities such as knocking
on doors for the purpose of seeking reelection. However,
"there are issues there that we have to think through properly,
about what should and should not be covered and who should have
the obligation to cover them. We do have to get this right and
there will be some constraints".[316]
273. The Committee recommends that guidance
should identify the activities undertaken by councillors for which
reasonable adjustments should, if necessary, be provided.
Circumstances in which discriminatory
treatment is taken to be justified
274. Concerns have been raised about new section
15B(4), which will enable regulations to specify the circumstances
in which discriminatory treatment can be justified. The DRC, Discrimination
Law Association, RNIB and RNID have all raised concerns that the
content of these regulations should not further lower what is
already considered a "very low threshold" for justification
of discrimination under Part 2 DDA.[317]
In Part 2 DDA, discriminatory treatment can be justified, except
in the case of direct discrimination, if the reason for it is
"material to the circumstances of the particular case"
and "substantial". [318]
275. The Committee recommends that the regulations
provided for under proposed section 15B(4) do not lower the threshold
for justification of discriminatory treatment in section 3A(3)
DDA ("material and substantial").
297 Part 2, section 4C(3) DDA Back
298
From Exclusion to Inclusion, Disability Rights Task Force, recommendation
5.18 Back
299
From Exclusion to Inclusion, Disability Rights Task Force, para
34 Back
300
DRC, Ev 1, para 10.6.1; Law Society, Ev 174, part 10 Back
301
Ev 276, paras 21-2 Back
302
Ev 437, para 1.5 Back
303
Public Appointments 2003, Cabinet Office, xi Back
304
Ev 135, para 9 Back
305
Appendix 4, clause 15 Back
306
Q 727 Back
307
Ev 447, para 1.1 Back
308
Q 725 Back
309
Q 733 Back
310
Q 733 Back
311
Ev 443, para 12 Back
312
Ev 443, para 2.1 Back
313
Proposed section 15C(1) Back
314
Q 260 (Ms Willoughby) Back
315
QQ 261 & 263 (Ms Willoughby) Back
316
Q 735 Back
317
Ev 40, para 2; Ev 443, para 10; Ev 443, para 1.1 Back
318
Under section 3A(3) DDA, which affects 3A(1)(b) DDA Back