Memorandum from Action for Blind People
(DDB 64)
1. INTRODUCTION
Action for Blind People warmly welcomes the
publication of the Draft Disability Discrimination Bill. We would
agree with the Disability Rights Commission that this legislation
marks a step forwards for the rights of disabled people. In particular
we too would welcome:
— The extension of the definition of
disability to clearly include more people with HIV, cancer and
multiple sclerosis, and the recent regulation which means that
registered blind and partially sighted people are already automatically
covered by the Disability Discrimination Act (DDA).
— The extension of the DDA to cover
discrimination in relation to transport, although we agree with
the DRC recommendations to further strengthen this area.
— A duty on the Public Sector to promote
disability equality.
— The extension of the DDA to cover
most functions of public authorities. There is presently a lack
of clarity, for example, relating to disabled prisoners, elections
and access to pavements and highways.
— The extension of the DDA's duties
on landlords and managers of premises to include a duty to make
reasonable adjustments to policies, practices and procedures and
provide auxiliary aids and services, where reasonable.
— Inclusion of any private club with
25 or more members.
— The promise of further clauses to
prohibit local authorities discriminating against disabled councillors
and the pledge that the full Bill will include an end-date for
rail vehicle accessibility
We do, however have some specific concerns with
sections of the Bill which are outlined in more detail below.
2. DISCRIMINATION
IN RELATION
TO LETTING
OF PREMISES
We welcome provisions in Clause 6 of the Bill
which extends the DDA's duties on those disposing of premises
to include:
— a duty to make reasonable adjustments
to policies, practices and procedures; and
— a duty to take reasonable steps to
provide an `auxiliary aid or service' which would enable or make
it easier for a disabled person to rent the property or to facilitate
a disabled tenant's enjoyment of the premises.
We would however welcome clarification as to
what kind of aids or services would be covered.
We also believe that there should be a duty
on landlords which prevents them from unreasonably withholding
consent to disabled people making changes to the physical features
of premises. We would agree with the DRC's recommendations on
this point that the Landlord and Tenant Act 1927 is not an adequate
substitute for provision in civil rights legislation. We would
agree that this provision should be included on the face of the
Bill to end the ambiguity of the application of the legislation,
the meaning of reasonableness and to enable to DRC to take cases
on the behalf of disabled people. There must also be explicit
provision to ensure management committees cannot unreasonably
refuse consent to make reasonable adjustments to common parts
of privately owned premises.
As the DRC Housing Briefing states:
"Failure to amend the DDA along the lines
suggested by the Disability Rights Task Force would perpetuate
inconsistency within the Act itself. Under it landlords are already
prevented from unreasonably withholding consent to physical alterations
designed to facilitate access by disabled people when their tenants
are employers, service providers or educational establishments.
Why not when their tenant is a disabled person?"
We fully support section 6 of the DRC submission
and their supplementary Housing Briefing.
3. DISCRIMINATION
BY PUBLIC
AUTHORITIES
Whilst we welcome Clause 4 of the draft Bill,
which makes it unlawful for public authorities to discriminate
against disabled people in carrying out their functions, we are
concerned that the Bill does not go far enough.
We would agree with the DRC's response over
the key issues of:
— exactly which public functions constitute
a "service" to the public and hence which are covered
by the Goods and Service provision of the DDA;
— the threshold at which reasonable
adjustments are required; the "very much less favourable"
threshold is much higher than the "substantially disadvantaged"
threshold which applies to the Employment provisions;
— the lack of an anticipatory duty
on Public Authorities; and
— the appropriateness of a "reasonable
opinion standard" in discrimination cases.
We would be particularly keen to see this last
issue removed from the Bill. Our Your Choice housing team has
dealt with several clients where the key issue has been that the
Local Authority Housing Officer does not believe that the need
for re-housing was based on our client's disability. Under the
current proposals little would change for these clients.
We would support the DRC's recommendations to
improve this section of the Draft Bill.
4. DUTIES OF
PUBLIC AUTHORITIES
We welcome the introduction of a duty on public
authorities to promote disability equality. This has to be seen
as a substantial move forward in terms of disability rights. We
would, however, agree with the DRC that a duty to promote good
community relations would be desirable.
5. EMPLOYMENT
The Draft Bill does not include clauses on several
key employment issues and we feel that the Government can expect
sustained pressure on these areas.
Firstly, the ability of Employment Tribunals
to reinstate a disabled person to their job. Whilst we would welcome
provisions to enable Employment Tribunals to do this we would
warn that where a case has gone as far as an Employment Tribunal
then, usually, the relationship between the employer and employee
has broken down to such an extent that reinstatement may not be
the best way forward. We would suggest that the burden of proof
of discrimination is demanding in such cases. We would agree with
the DRC that Employment Tribunals should be able to suggest changes
to the practices of an Employer if they are found to be discriminatory.
Secondly the question of whether employers should
be able to ask questions to job applicants about their disability.
We would disagree with the DRC recommendation that all disability
related enquiries before a job is offered should be prohibited
except in very limited circumstances as we feel that this is too
restrictive to the information that employers require to make
a balanced decision about offers of employment. We would, however,
agree with the Disability Rights Taskforce recommendation. They
said disability inquiries should only be allowed:
— "when inviting someone for interview
or to take a selection test—employers could ask if someone
had a disability that may require reasonable adjustments to the
selection process; and
— when interviewing, employers would
be allowed to ask job related questions, including if someone
had a disability which might mean a reasonable adjustment would
be required.
— Confidential monitoring for equal
opportunities".
We feel that this DRTF recommendation finds
the right balance between the information that an Employer needs
and the rights of a disabled person. We would prefer a definition
closer to this than the DRC recommendation.
Finally the issue of whether the employment
provisions of the DDA should apply to volunteers. We would be
wary of legislation that brought volunteers under the employment
provisions of the DDA. Whilst we recognise the importance of volunteering
to personal development we feel that if the strict Employment
provisions applied to volunteers we would see a drop in volunteering
opportunities for disabled people. We would, however welcome good
practice guidance from the DRC in this area. We would be keen
to be included in any consultation on this issue.
We would agree with the DRC that it would also
be helpful if a pool of funding were available to support work
related adjustments for volunteers, operating in a similar fashion
to the Access to Work scheme. We would join in urging the Joint
Committee to recommend that the Department for Work and Pensions
consult on setting up such a fund.
6. THE ADEQUACY
OF THE
ENFORCEMENT PROCEDURES
Whilst the DDA has seen massive improvements
in terms of rights for disabled people we are concerned with the
enforcement of these rights. We would agree with section 11 of
the DRC submission that Part III DDA cases should be enforced
through employment tribunals rather than through the Courts. We
would recommend that the draft Bill be amended to ensure current
goods and services provisions, the proposed new access rights,
and the duties on public authorities are enforced through the
tribunals rather than the courts.
7. CONCLUSION
Whilst we welcome the publication for the Draft
Bill we still have some reservations about the detail. The DRC
response to the Joint Committee is highly detailed and in the
main we would support their recommendations with the exception
of the employment and volunteering provisions as stated above.
We would now encourage the Government to bring
forward the full Bill speedily.
8. ACTION FOR
BLIND PEOPLE
Action for Blind People is one of the UK's leading
registered charities working with blind and partially sighted
people. We currently provide direct support for more than 20,000
people each year. Our mission is "to inspire change and create
opportunities to enable blind and partially sighted people to
have equal voice and equal choice". We provide support in
four main areas:
— Work: Action's Employment Development
Teams provide a free, impartial service to support blind and partially
sighted people of working age, and employers with a range of employment
related concerns. Teams are based in London, Northern England,
the Midlands and South West England with three supported employment
factories in London, Norfolk and Salisbury.
— Housing: Action's Your Choice service
supports blind and partially sighted people of any age to access
and enjoy the home environment of their choice. Action also offers
a range of comfortable, affordable housing and accommodation to
meet the varying needs and expectations of blind and partially
sighted.
— Leisure: Action manages four quality
Hotels offering holiday breaks to blind and partially sighted
people, their families and friends. We also work with mainstream
leisure providers to promote more accessible holiday breaks. Action
is also working to increase sporting and leisure opportunities
for blind and partially sighted people.
— Support: Action for Blind People
provides free, impartial information and advice on all issues
connected with visual impairment to blind and partially sighted
people, their families, friends and carers and professionals and
service providers through our National Helpline and two Mobile
Information and Advice Units.
Action for Blind People has a wide range of
experience delivering direct services for visually impaired people.
Through our range of activities, we are committed to increasing
opportunities for blind and partially sighted people as well as
working towards changing attitudes.
February 2004
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