Memorandum from the Welsh Local Government
Association (DDB 14)
1. INTRODUCTION
The Welsh Local Government Association (WLGA)
represents the interests of all local authorities in Wales. The
three combined Fire Authorities, Police Authorities and three
National Park Authorities are associate members. In 2001 the WLGA,
with funding from the National Assembly for Wales (NAfW), established
the Equalities Unit for Local Government in Wales. The Unit provides
advice, guidance and support for local authorities on improving
their equality practice as well as promoting the Equalities Standard
for Local Government in Wales (ESLG). This response has been developed
by the Association's Equalities Unit following consultation with
the Equality Officer Network and Welsh Local Authority Chief Executives.
2. GENERAL COMMENTS
The changes and extension of rights and responsibilities
contained in the draft Bill are broadly welcomed and should provide
improvements in opportunities and means of redress for disabled
people who experience discrimination.
Authorities have expressed some concern in terms
of the different requirements and terminology contained within
the separate pieces of equality legislation currently in place.
One such example in Wales is that local authorities have duties
to produce Welsh Language Schemes as well as Race Equality Schemes
to differing three-year timescales. It is understood that the
Government is considering how to shape the Specific Duties contained
in the draft Bill and it is likely the public authorities will
have a duty to produce a Disability Equality Scheme similar to
those already in place for race equality. We would welcome recognition
from Government in the regulations that where possible these timescales
should be consolidated to enable effective co-ordination of equalities.
Furthermore we encourage Government to consider implementing a
single equality Act within the UK to provide a consistent body
of legislation which would inturn provide a solid foundation for
the work of the new Commission for Equalities and Human Rights.
Local authorities in Wales are working towards
the Equality Standard for Local Government in Wales and are taking
steps to adopt a generic approach. Authorities cannot deliver
equality outcomes on their own and need to work in partnership
with community groups and other public sector agencies who may
wish to concentrate on the minimum standards set by legislation.
We request the Government to consider the need for generic equality
schemes to be developed so that authorities and the wider public
sector can define their own priorities for the promotion of equality
for all people rather than mirroring the patchwork of equality
legislation that currently exists for service delivery and employment
across the range of equality strands.
Recognition is sought from the Government on
the resource implications of the new proposals. It is accepted
that good public services are those that meet the diverse needs
of the community and that public authorities have obligations
not only those governed by legislation but as community leaders
to demonstrate the added value of equality. However, there are
costs associated for example undertaking access audits, developing
solutions to eliminate barriers to access, developing the required
monitoring systems and training and awareness raising of officers
and Elected Members.
3. SPECIFIC COMMENTS
The following comments are provided for a selection
of the specific clauses contained in the draft Bill.
Clause 1—Discriminatory job advertisements
This extends the provisions of the Act in respect
of discriminatory advertisements to include publishers and is
welcomed.
Clause 3—Exemption for transport vehicles
and lifting of such exemptions
Whilst this clause is broadly welcomed as it
extends the rights of disabled people in respect of using transport
vehicles subject to the regulations that will subsequently be
drafted, local authorities have requested some clarification and
guidance on their roles and responsibilities in terms of licensing
private hire vehicles and the provision of school and community
transport. How would the duty to promote disability equality tie
in with this clause and would it be considered "reasonable
action" for a Local Authority to put conditions on licensing
or contract requirements? The impact of this provision will depend
entirely on the content of regulations and it is important that
the Government make clear its intentions at the earliest opportunity.
Clause 4—Extension of the DDA to all functions
of public bodies
It is anticipated that the extension of the
Disability Discrimination Act to include all functions of public
authorities will provide improved clarity in areas that have previously
proved difficult to interpret. For example, whether the provision
of highways fall within the definition of service provision in
the current Act has always been a "grey area". The proposed
extension also covers the decisions made by authorities (except
those covered by exemption in the draft Bill and those decisions
made in accordance with existing statutory frameworks). Whilst
this duty is similar to that contained in the Race Relations (Amendment)
Act in terms of race equality, it does have the additional the
duty to make a reasonable adjustment where disabled people are
at a disadvantage. This duty places the onus on public services
to ensure that any systematic bias is removed from the way in
which services employment practices are delivered and will need
to be backed by comprehensive guidance so that authorities are
aware of what practical steps the Government expects them to take.
Clause 6—Duties for landlords and the management
of rented premises
Presently the Disability Discrimination Act
prohibits unjustified less favourable treatment of disabled people
by persons managing or disposing of premises but does not provide
a duty requiring reasonable adjustments to policies, procedures
or practices or to provide auxiliary aids and services. The proposed
changes to the Disability Discrimination Act to bring about such
a requirement is broadly welcomed. Local authorities already work
with bodies and organisations who are committed to responding
to people's need for suitable accommodation and strive to ensure
that terms and policies do not discriminate against disabled applicants
with specific needs. While preparations are generally reasonably
effective in the public sector and social landlords, problems
could arise in the private lettings sector, where investment is
needed in the general standard and safety of properties for let.
The role of policing and dealing with complaints in this area
could impose extra pressure on local authority enforcement departments
and so clarity is needed over who is responsible for this.
We understand there will not be a requirement
on landlords to change physical features of premises and the Disability
Rights Commission has endorsed this. However, other legislation
such as the Landlord and Tenant Act 1927 provides that landlords
should not be allowed to withhold consent unreasonably for a person
with a disability making changes to the physical features of the
premises. This provision is not included in the draft Bill but
in order to avoid confusion it may be worthwhile to include specific
reference to this duty within the Bill.
Clause 8—General Duty to promote disability
equality
The establishment of a General Duty for public
authorities to promote disability equality has been welcomed by
authorities. Whilst it is accepted that the duty is intended to
be similar to that contained in the Race Relations (Amendment)
Act the definition of the General Duty contained within the draft
Bill is in fact different and is required to be so to enable disabled
people to benefit from improved opportunities eg the requirement
to make reasonable adjustments. However, the wording of part (c)
of the duty, "the need, where opportunities for disabled
persons are not as good as those for other persons, to promote
equality of opportunity between disabled persons and other persons
by improving opportunities for disabled persons', is considered
to be confusing in its terminology and negative in focus in comparison
to the race equality duty. It is suggested that this could be
made more clear and positive by stating "that where disabled
people experience disadvantage there is a need to promote disability
equality and improve opportunities for disabled people".
Within the proposed Duty there is no mention
of "promoting good relations". The inclusion of this
would encourage a more proactive approach to compliance with part
(b) of the duty "the need to eliminate harassment that is
unlawful under the Act".
We seek clarification from the Government as
to whether the desired outcomes from the draft Bill are the same
as those anticipated from the Race Relations (Amendment) Act and
if not, what are the differences in outcome the Government would
like to see over time.
In relation to the Specific Duties the draft
Bill allows the Government to issue regulations providing further
detail around the nature of the Duties. We have received representations
from local authorities that were concerned at the lack of time
given to public authorities when drafting Race Equality Schemes
and the late publication of guidance in this respect. A more reasonable
lead-in time and timely guidance on complying with the Specific
Duties coming out of the new Bill would be appreciated.
Clause 9—Codes of Practice
The Disability Rights Commission is viewed as
the most appropriate agency to provide Codes of Practice on the
new requirements, and we welcome the new subsections (4A) and
(6A) that specify that where relevant, the Scottish Ministers
and National Assembly for Wales are to be consulted before Codes
of Practice are issued or come into force.
Clause 12—Extending the definition of disability
The widening of the definition of disability
to include people with progressive conditions (HIV/AIDS, MS and
Cancer) from the point of diagnosis is welcomed. These conditions
attract a great deal of stigma from the point of diagnosis and
it is important that the Disability Discrimination Act should
apply from this point.
Appendix to the draft Disability Discrimination
Bill
We look forward to receiving further details
of the Government's intention to provide protection from discrimination
on grounds of disability for Councillors. The proposal to make
the definition of discrimination two-fold (duty to not treat a
Councillor less favourably on grounds of their disability and
to make reasonable adjustments) mirrors the definitions of how
discrimination can occur in Parts II and III of the current Act
and is welcomed. Bringing Councillors under the remit of protection
in the Disability Discrimination Act has the potential to increase
access to the democratic process and the provision of more accessible
services to Councillors will have a positive effect for service
users.
February 2004
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