Joint Committee on the Draft Disability Discrimination Bill Written Evidence


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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