Memorandum from the London Borough of
Hammersmith and Fulham (DDB 68)
OVERVIEW
1. The London Borough of Hammersmith and
Fulham welcomes the Government's publication of the draft Disability
Discrimination Bill. The Authority takes a proactive approach
to equalities and has lobbied for many of the proposals contained
within the Bill. The authority strongly backs the proposals to
bring elected members and most council functions within the scope
of the Disability Discrimination Act.
2. Hammersmith and Fulham welcomes the introduction
of a duty to be placed upon local authorities to actively promote
equality for disabled people. However, it believes that a similar
duty should also be introduced in respect of other discriminated
sections of society including women, and this would be best achieved
through a single equalities bill.
3. However, this Authority fears that Government's
current piecemeal approach in introducing equalities legislation
could lead to additional complexity and confusion for those who
are committed to implementing the spirit of the law. It is also
in danger of creating resentment due to a perceived imbalance
between how the law impacts upon different discriminated against
sections of society.
4. The Authority is concerned to ensure
that any specific duties placed upon authorities are consistent
with and support the other equalities requirements that councils,
such as Hammersmith and Fulham, are trying to implement in practice,
such as equality impact assessments.
5. The Authority notes the common approach
between this draft Bill and the provisions within the Race Relations
(Amendment) Act. The specific duty to produce a Race Equality
Scheme undoubtedly has had a positive impact in raising the profile
and mainstreaming race equality within the public sector organisations.
We believe, however, it would be an error to just replicate this
in respect of disabilities and instead propose that the implementation
of the Disability Discrimination Bill should be progressed through
a generic equality plan that encompasses the Race Equality Scheme
and forms part of the Generic Equality Standard.
6. We would also argue that a single equalities
bill would pave the way for the introduction of a single equalities
commission and would address current concerns expressed by different
sections of the community that such a body might result in their
rights being eroded and interests marginalised.
THE SCOPE
OF THE
BILL
The Borough has called for and strongly welcomes
the proposals to bring elected members within the scope of the
Disability Discrimination Act. However, we believe that the scope
should be extended further to cover:
(a)
all elected or appointed politicians, at national
as well as local level;
(b)
all representatives on governing bodies of public
sector organisations, such as school governors and PCT governance
arrangements;
(c)
to include the enabling power to cover volunteers,
as per the recommendations of the Disability Rights Task Force's
recommendations.
We would also recommend that the Bill be amended:
(a)
to cover all examining bodies and standard setting
agencies;
(b)
to provide greater clarity in the operation of the
definition of disability.
One of the omissions from the Bill is that it
fails to tackle the problems that people with mental health problems
face in enforcing the DDA. And whilst the Authority welcomes the
widening of the meaning of disability in Clause 12 of the draft
Bill, we recommend it is amended further to ensure anyone who
has a progressive condition is deemed to be covered.
February 2004
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