Memorandum from Sense (DDB 56)
INTRODUCTION
1.1 Sense welcomes the opportunity to respond
to the draft Disability Discrimination Bill.
1.2 Sense is a national voluntary organisation
which works and campaigns for the needs of people who are deafblind,
providing advice, support, information and services for deafblind
people, their families and professionals. It was founded in 1955
as a self-help group for parents of children born with congenital
rubella syndrome. Over the years our aims have expanded to encompass
people with acquired deafblindness. Many of our service users
experience a range of additional disabilities, including learning
difficulties. Some of these people are completely deaf and blind,
but most have some remaining use of one or both senses.
1.3 Sense welcomes this draft bill which
implements many of the outstanding gaps in the Disability Discrimination
Act 1995. This submission goes through the provisions of the draft
bill and addresses the issues that are important to deafblind
people.
PROVISIONS OF
THE DRAFT
BILL
Transport—Clause 3
2.1 Transport is the most important issue
in this bill for deafblind people.
2.2 Sense welcomes the fact that discrimination
in relation to a means of transport will now be covered. However,
without the regulations it is very difficult to understand how
beneficial this will be to disabled people. The content of the
regulations needs to be made available as soon as possible.
2.3 Deafblind people should have the right
to use public transport in the same way as anyone else. However,
at the moment there are issues that make it very difficult for
deafblind people to feel confident about using public transport
alone.
2.4 The following issues are really important
to deafblind people and Sense feels they should be included in
the regulations.
2.4 Staff (such as bus drivers, taxi drivers
and ticket inspectors on trains) should have disability awareness
training that includes deafblindness. The training should include
learning the manual fingerspelling alphabet and the block alphabet.
These two methods of communication are easy to learn and yet if
staff were able to use them it would make an enormous difference
to deafblind people.
2.5 Staff should be willing to repeat announcements
and other information to deafblind people if necessary.
2.6 When buses stop, drivers or conductors
should be willing to tell deafblind people who are waiting for
the bus what number bus it is and where it is going. Deafblind
people have told Sense that they do not go on the bus alone because
they cannot see the number on the bus and are afraid they will
end up in the wrong place.
2.7 Announcements need to be made both visually
and audibly, as clearly as possible. Some deafblind people will
have enough vision to be able to access a visual announcement
as long as the font used is reasonably large and clear. Other
deafblind people have enough hearing, with the assistance of a
hearing aid, to be able to hear clear audio announcements. However
many announcements are not loud enough or clear enough for anyone
to understand. Speaking as clearly as possible should be emphasised
in disability equality training. However, there are many deafblind
people for whom both visual and audible are difficult to access.
Staff should to be aware that this is a possibility and be willing
to repeat announcements and other information if asked.
2.8 Alarms and other warnings. Deafblind
people, who are unable to see visual warnings or hear audible
warnings, can often miss warning announcements or alarms on trains,
buses and aeroplanes. Staff should to be particularly aware of
this difficulty and be ready to alert people when there is a problem.
2.9 Moving around on the method of transport
can be very difficult for a deafblind person. The lighting needs
to be bright and uniform, to ensure that there are no areas of
shadow.
2.10 One member of Sense finds that when
he is in a taxi he cannot see the fare display and he cannot hear
what the driver says when he is sitting in the back of the taxi,
so he does not know how much he needs to pay. In this situation
he says that he just gives the taxi driver a £10 note and
hopes for the best. This situation really emphasises the need
for disability training, including deafblindness and for information
such as the cost of fares to be displayed very clearly in large
print and the driver to face the person so that they could be
lipread.
2.11 These changes would not be difficult
or expensive for transport provider. The regulations need to be
produced as soon as possible, before the bill is completed its
passage through Parliament. Once the bill has become law the codes
of practice need be produced as soon as possible, to explain the
bill to transport providers.
2.12 Recommendations
— Staff disability equality training,
including deafblindness.
— Very clear audible and visual announcements.
— Staff should be aware of the need
to alert deafblind when there is an alarm or warning.
— Lighting on transport should be bright
and uniform.
— The regulations need to be produced
as soon as possible.
— Once the bill has been produced the
codes of practice need to be produced as soon as possible.
Functions of public authorities—Clause 4
3.1 The bill says there must be a "very
much less favourable" outcome before a reasonable adjustment
is required. We are concerned that this trigger will be too high
and does not provide the same level of protection as the goods,
facilities and services section in the DDA.
3.2 Recommendations
— The trigger for a reasonable adjustment
should be lowered to "substantial disadvantage".
Private Clubs—Clause 5
4.1 Sense welcomes the addition of private
clubs that are not included in the existing legislation. Deafblind
people are often unable to take part in sporting, leisure and
social activities because clubs are not required to make the necessary
adjustments to enable them to take part.
4.2 There are no specific reasonable adjustment
provisions provided in the bill at the moment. These will be implemented
by regulations. These regulations need to be made available for
consultation sooner rather than later.
4.3 This is an area where the attitudes
of staff and members towards disabled people is likely to need
improvement, as there may a lack of experience and understanding.
Support and training may need to be provided.
4.4 Recommendations
— The regulations on private clubs
need to made available as soon as possible.
— Support and training may need to
be provided for staff and members of private clubs.
Housing—Clauses 6 and 7
5.1 We welcome the extension of the DDA's
duties on those disposing of premises.
5.2 More detail needs to be provided on
the duty to take reasonable steps to provide an "auxiliary
aid or service" to make it easier for a disabled person to
rent the property or to enjoy the property. We believe that the
auxiliary aids should include essentials such as vibrating pagers,
extra lighting and hand rails.
5.3 At the moment the bill does not include
the provision for tenants to be able to make changes to the physical
features of their home. This was a Task Force recommendation that
needs to be added to the bill.
5.4 Recommendations
— There needs to be more detail provided
by the government on the duty to take reasonable steps to provide
an "auxiliary aid or service".
— The bill needs to include the provision
for tenants to be able to make changes to the physical features
of their home.
Disability Equality Duty for public authorities—Clause
8
6.1 We welcome this duty for public authorities.
There does, however, need to be a list of public authorities and
a definition given of what a public authority is. A definition
would mean that public bodies who are not on the list but who
match the description could be included under the new duties.
6.2 It needs to be made clear what specific
duties will apply to which public bodies.
6.3 Recommendations
— There needs to be a list of public
authorities and a definition of what a public authority is.
7.1 SUMMARY OF
RECOMMENDATIONS
— Staff disability equality training,
including deafblindness.
— Very clear audible and visual announcements.
— Staff should be aware of the need
to alert deafblind when there is an alarm or warning.
— Lighting on transport should be bright
and uniform.
— The regulations need to be produced
as soon as possible.
— The trigger for when discrimination
occurs should be lowered to "substantial disadvantage".
— The regulations on private clubs
need to made available as soon as possible.
— Support and training may need to
be provided for staff and members of private clubs.
— There needs to be more detail provided
by the government on the duty to take reasonable steps to provide
an "auxiliary aid or service".
— The bill needs to include the provision
for tenants to be able to make changes to the physical features
of their home.
— There needs to be a list of public
authorities and a definition of what a public authority is.
Conclusions
8.1 Deafblind people have a right to participate
in society on an equal basis with others. This bill could be an
important contribution to realising this right. All the recommendations
in this submission are vital but not expensive. Providing disability
equality training, making clear announcements and including good
lighting at the planning stage are not expensive changes to make.
8.2 Sense feels very strongly that this
bill should be included in the legislative programme as soon as
possible.
February 2004
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