Joint Committee on the Draft Disability Discrimination Bill Written Evidence


Memorandum from the Labour Party Disabled Members Group (DDB 111)

  The Labour Party Disabled Members Group (LPDMG) came from the frustration of years of the Conservative Government not listening to Disabled People. In 1995 the Inaugural AGM was held. LPDMG works with this Government and the Party for the benefit of all Disabled People.

  LPDMG welcomes the contents of this Draft Bill and wishes to offer the following response to the Draft Disability Bill.

  LPDMG apologises for the lack of explanation to these points, this being due to the limit of words you have placed on responses.

  A key omission is the removal of the requirement that mental illness needs to be "clinically well recognised" —this should be removed and brought into line with other impairments.

  There is a need to ensure that people with Restricted Growth, Head Injures and Menieres Disease are also covered by the current definition and the proposed upgrade due to this bill, as well as extended to people who have a Genetic Predispostion to an impairment.

  LPDMG has great concerns over the use of regulations, when appertaining to transport and how these powers are to be used in the future and to what types of vehicles they intend to cover.

River transport should be added to this coverage.

  It was hoped that a date for the compliance of rail stock would be included in the Draft Bill and hopes the Committee will be able to add this date at the end of the Consultation period

  The Bill should include reasonable adjustment as far as changes to physical features are concerned in housing and also the promotion and progress to Lifetime Homes. This will give the right to disabled people to move with the job market, as others do.

  LPDMG thinks the trigger for making reasonable adjustment under Part 3 of the DDA is far too high—this could enable service providers to evade their responsibility in some way and Committee should consider lowering it.

  The current time limits for bringing employment cases are too low and do not give sufficient time for all access requirements to be put into place for effected parties—strong consideration for extending this time be considered.

  LPDMG is encouraged that DDA provisions will apply to clubs with over 25 memberships, but concerned that this is not extended to include guests and cannot come up with a reasonable reason why the Government should exclude them?

  LPDMG is very concerned that the following issues do not arise in the Draft Bill, as they were covered in the Task Force Recommendations, who were led to believe they would be covered at the next opportunity... .

  Tribunals should be given the power to order re-instatement or re-engagement.

  Disability-related inquiries prior to job offers should be limited.

  There should be powers taken to bring Volunteers into coverage, as this is often the road used for disabled people to get back into work.

  All examining bodies, those setting exam paperwork and office holders in this field—ie GCSE—should be coverage in this Bill.

  Continued exemption of the Armed Forces does nothing to assist the employment market and demeans the ability of disability for procuring a worthwhile job in these organisations.

  Governors of Schools, Colleges should also be covered and therefore included in this Bill, as well as ALL Public bodies, Authorities and their functions—this to include Councillors and Magistrates (especially lay). Until this happens Disabled people will be limited in their progress through public or political life.

  Prisons are not included in this Bill, leaving the access to facilities for those with a disability discriminatory?

  National Planning Policy Guidance should include access as a mandatory requirement.

  Discrimination because of an association with a disabled person or because a person is mistakenly treated as a disabled person should be made unlawful

  Receipt of specified state disability benefits should automatically allow applicants to be deemed to be disabled.

  A right to Independent Living which would guarantee a disabled persons right to the basic requirements of living and participating within the community should be added to this Bill.

March 2004



 
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