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"EXTENSION OF PROVISIONS TO EMPLOYERS PROVIDING VOCATIONAL TRAINING
(1) In the 1995 Act, after section 15, insert—
"15D DISCRIMINATION BY EMPLOYERS IN THE PROVISION OF VOCATIONAL TRAINING
(1) It is unlawful for an employer who provides vocational training services or facilities to discriminate against a disabled person seeking or undergoing such training—
(a) in the terms on which he affords him access to those services or facilities;
(b) in the manner in which he affords him access to those services or facilities;
(c) by refusing or deliberately omitting to afford him such access; or
(d) by terminating his training or subjecting him to any other detriment.
(2) In this section "vocational training" means any work-related education or training including work-experience placements and work-based learning programmes for disabled persons in secondary, further or higher education by whomsoever arranged.
(3) In the case of an act which constitutes discrimination by virtue of section 55, this section also applies to discrimination against a person who is not disabled."

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(2) In the 1995 Act, after section 15, insert—
"15E MEANING OF DISCRIMINATION IN SECTION 15D
(1) For the purposes of section 15D, an employer discriminates against a disabled person if—
(a) for a reason which relates to the employee's disability, he treats him less favourably than he treats or would treat others to whom that reason does not or would not apply; and
(b) he cannot show that the treatment in question is justified.
(2) For the purposes of section 15D, an employer also discriminates against a disabled person if—
(a) he fails, to the employee's detriment, to comply with section 15F; and
(b) he cannot show that his failure to comply is justified.
(3) The taking of a particular step by an employer in relation to a person does not amount to less favourable treatment if he shows that at the time in question he did not know, and could not reasonably have been expected to know, that the employee was disabled.
(4) Less favourable treatment, or a failure to comply with section 15F, is justified only if the reason for it is both material to the circumstances of the particular case and substantial.
(5) If, in a case falling within subsection (1)—
(a) an employer is under a duty imposed by section 15F in relation to the disabled person, but
(b) fails without justification to comply with that duty,
his treatment of that person cannot be justified under subsection (4) unless that treatment would have been justified even if he had complied with that duty."
(3) In the 1995 Act, after section 15, insert—
"15F DUTY TO MAKE ADJUSTMENTS
(1) Where—
(a) any arrangements made by or on behalf of an employer, or
(b) any physical feature of premises occupied by the employer,
place the disabled person concerned at a substantial disadvantage in comparison with persons who are not disabled, it is the duty of the employer to take such steps as it is reasonable, in all the circumstances of the case, for him to have to take in order to prevent the arrangements or feature having that effect.
(2) Subsection (1)(a) applies to—
(a) arrangements for determining to whom work-related education or training should be offered, and
(b) any term, condition or arrangements on which work-related education or training services are offered or afforded.
(3) In considering whether it is reasonable for him to have to take a particular step in order to comply with his duty under subsection (1), an employer must have regard to any relevant provisions of a code of practice issued under section 53A.
(4) In this section "the disabled person concerned" means—
(a) in the case of arrangements for determining to whom work-related education and training should be offered, any disabled person who is, or has notified the employer that he may be, seeking such education and training; and
(b) in any other case, a disabled person who is undergoing such education and training.
(5) This section imposes duties only for the purpose of determining whether an employer has discriminated against a disabled person; and accordingly a breach of any such duty is not actionable as such.""

The noble Baroness said: I have spoken at huge length to Amendment No. 9. I should like to thank the noble Lords, Lord Swinfen and Lord Addington—

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somewhat late but extremely helpful as always—for supporting the amendment. There was a very helpful intervention from the Minister and a great deal of support from the noble Lord, Lord Ashley. I am delighted that the noble Lord accepts the amendment. I beg to move.

On Question, amendment agreed to.

Clause 6 agreed to.

Baroness Darcy de Knayth moved Amendment No. 10:

After Clause 6, insert the following new clause—

"APPLICATION OF ACCESS TO GOODS AND SERVICES PROVISIONS TO EDUCATIONAL INSTITUTIONS
(1) The 1995 Act is amended as follows.
(2) In section 19(5A) after "provision of a service" insert "to disabled pupils or students".
(3) In section 19(5A) at end insert "but this Part does apply in respect of services provided by an educational institution to disabled persons who are not pupils or students".
(4) In this section—
"disabled pupils" has the same meaning as in section 28Q (2) and (3); and
"disabled students" has the same meaning as in section 31A (2) and (3)."

The noble Baroness said: The purpose of Amendment No. 10 is to ensure that vital services provided by schools, FE and HE institutions to disabled people who are not pupils or students, such as careers services, access to school or college facilities, continue to be covered by Part III of the DDA.

This is an important issue. It needs to be sorted very soon as the provision involved comes into force in September of this year. SKILL, which is the national bureau for students with disabilities—of which I should declare that I am the president—has picked up a damaging anomaly introduced by the Special Educational Needs and Disability Act 2001. SENDA amended the Disability Discrimination Act by inserting new rights for disabled pupils and students in education, which is Part IV of the DDA. In introducing the new rights, the Government amended Part III of the DDA so as to remove the exemption of education but also to provide that no services covered by the new Part IV could also come under the goods and services provisions of Part III. A new subsection (5A) was added to Section 19 of the DDA. It states:

"Nothing in this part applies to the provision of a service in relation to which discrimination is made unlawful by section 28A, 28F or 28R".

That would not be a problem if all it meant was that disabled pupils and students enrolled at the institutions concerned could not bring a case about the same service under Part III as well as Part IV.

However, its effect is much wider than that. The subsection effectively excludes any services covered by Part IV from the ambit of Part III. The definition of services to which the new schools and HE and FE provisions apply is wide. For example, in relation to schools it includes not just educational but associated services, which includes access to school facilities. In relation to HE and FE institutions, it includes careers

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services and catering and leisure services provided wholly or mainly for students. So disabled people who are not pupils or students would no longer be covered by Part III when they use such services. That will have particularly devastating consequences for access to careers services at a time when, following the Harris report, much emphasis is placed on their importance to people after they have graduated.

Obviously, some adjustments put in place for disabled students will also be of benefit to disabled ex-students—for example, the installation of a lift. But other types of support are specific to the individual—such as a sign language interpreter for an interview. That type of provision is likely to be under threat when the law changes. Disabled parents would lose the right to reasonable adjustments to enable them to attend parents evenings, school plays, fetes, and so on, because access to schools facilities is part of the associated services covered by Part IV.

The Education Bill envisages a greater role for schools in providing community services and facilities, but, unless this Bill is amended, disabled people will be denied the same opportunity to enjoy those services as the rest of the community. I am sure that that is a mistake. I cannot believe that the Government intended to create this loophole. I must ask the Minister to give us her view. It may be that Skill has misread it; it may be that she can set our minds at rest. Does the Bill need amending—and before September—if we are to plug this loophole? I look forward to hearing the Minister's comments and those of the noble Lord, Lord Ashley, who I hope will agree to the amendment. I beg to move.

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