Lords report on the Equality Act 2010 and Disability- Our response
The Lords Select Committee report on the Equality Act 2010 and
Disability was published on 24 March. The report contains 55 recommendations.
Inclusion London welcomes the report many of the recommendations for example, the Committee’s call for government to produce an assessment of the cumulative impact of budgets and other major initiatives on disabled people. However, there are a few recommendations in the report where stronger recommendations would have welcomed.
Below we comment on some of the key findings and recommendations of the report.
The Equalities Red Tape Challenge
Under the ‘The Red Tape Challenge: a pretext for removing protection’ section the report finds that:
‘Many of the laws and practices which help disabled people require action from public authorities, employers and others. All too often the Government has characterised this as red tape ….. The Government, instead of concentrating on the burden on businesses, should be looking at the burden on disabled people.
Inclusion London comment
Inclusion London totally agrees with the committee that government should concentrate on removing the burden on Disabled people rather than the burden on business.
The UN Convention on the Rights of Persons with Disabilities
The report acknowledges that several organisations recommended that either particular Articles or the whole of the UNCRPD is incorporated into domestic law. However, the Committee makes the recommendation below:
- We call on the Government to make a commitment that it will give due consideration to the provisions of the UN Convention on the Rights of Persons with Disabilities when formulating new policy and legislation which may have an impact on disabled people’.
Inclusion London comment
Inclusion London believes that the UNCRPD should be incorporated into domestic law and we are disappointed that the Committee did not recommend this. We are concerned that only requiring government to give ‘due consideration’ to the provisions of the UNCRDP will not be strong enough to ensure that the government fulfils its duties. However, we recognise that the government is unlikely to incorporate the UNCRPD into the Equality Act at this stage and that requiring ‘due consideration’ is a step in the right direction.
Chapter 5 Reasonable Adjustments
The Committee found, ‘that evidence of problems in obtaining this right (to reasonable adjustments) have emanated from almost every part of society.’
The Committee made 7 recommends which include:
- The Equality and Human Rights Commission should prepare a
specific Code of Practice on reasonable adjustments to supplement
the existing Equality Act Codes.… (Paragraph 231) - Alongside the new Code, the Equality and Human Rights
Commission should produce, in consultation with organisations
of and representing disabled people, industry-specific guidance
on reasonable adjustment…… (Paragraph 234)
- We recommend that the Government include provisions similar to those of the Accessible Sports Grounds Bill in a Government Bill. (Paragraph 248)
- We recommend that ministers report regularly to Parliament on the progress made (a) by the Premier League and by the Football League, and (b) on comparable action by the operators of other large stadia. (Paragraph 249)
Inclusion London’s comment
We are disappointed that the Committee did not recommend that the reasonable adjustment duty was strengthen by legislation or regulations. However, the Committee’s recommendation for a Specific Code of Practice may well go some way to improve organisations response to the requirement to make reasonable adjustments.
Chapter 8: The Public Sector Equality Duty
The Committee said, ‘Our evidence has demonstrated that there is a fundamental flaw in the current Public Sector Equality Duty……..
The report made 5 recommendations which included:
- We recommend that the Government replace the Equality Act 2010 (Specific Duties) Regulations 2011 with provisions that require a listed public authority to develop and implement a plan of action setting out how they will meet the requirements of the general duty in all of their functions. (Paragraph 360)
- Duties to involve disabled people in the development and implementation of actions, to collect and publish data to measure progress against the aims of the general duty, and to report regularly on progress should also be specified in the Regulations. (Paragraph 361)
- We recommend that the Government produce an assessment of the
cumulative impact of budgets and other major initiatives on disabled people. It should be supported in this by the Government Equalities Office and the Office for Disability Issues. (Paragraph 372)
Inclusion London’s comment
Inclusion London supports all the committee’s recommendations regarding the Public Sector Equality Duty especially those mentioned above. We particularly welcome the call for government to produce a cumulative impact assessment. Also we welcome the recommendation that public authorities set out a plan of action on how they will meet the Public Sector Equality Duty, in consultation with Disabled people and be required to give regular progress reports.
Chapter 9: Enforcement through the judicial process
Under a section called, ‘Access to justice: increasing restrictions must be eased’ the committee said, ‘Where there is discrimination, it should not be for disabled people alone to seek to assert their rights through the courts. Here the Government, by imposing tribunal fees, withdrawing legal aid and changing the costs rules, has hindered, not helped’.
The committee made 7 recommendations, which include:
- We recommend that the Ministry of Justice, in its ongoing review of fees, act on the strong evidence that tribunal fees are unfairly obstructing discrimination claims under the Equality Act 2010. (Paragraph 389)
- The Government should consider changing the law to allow charities and other bodies which do not themselves have a legal interest to bring proceedings in the interests of classes of disabled people who are not themselves claimants……. (Paragraph 434)
- Section 14 of the Equality Act 2010 on dual discrimination should be brought into force forthwith. (Paragraph 439)
Inclusion London’s comment
Inclusion London supports the Committee’s recommendations.
Chapter 10: Other remedies for discrimination
The committee made 9 recommendations under this section, which include:
- We recommend restoring the Equality and Human Rights Commission’s power to arrange the provision of conciliation services for non-employment discrimination claims……(Paragraph 450)
- We recommend that the Government amend the mandates of those regulators, inspectorates and ombudsmen that deal with services most often accessed by disabled people to make the securing of compliance with the Equality Act 2010 a specific statutory duty. (Paragraph 461)
- We recommend that any new relevant public sector ombudsman be given an explicit remit to secure compliance with the Equality Act 2010 in the services for which it is responsible. (Paragraph 462)
Inclusion London’s comment
We support all the Committee’s recommendations particularly those mentioned above.
Chapter 11: Disabled children and children with special education needs
Three recommendations were made, which included in the development of Ofsted’s and Care Quality Commission’s inspection framework and inspection handbook the Equality Act and schools’ and others’ should be mentioned. (Paragraph 506)
Recommendation 55 asked that ‘Ofsted’s inspection methodology will also need to be adequate to identify where schools are practising informal exclusion or internal segregation of disabled pupils. (Paragraph 507)
Inclusion London welcomes the recommendations above.
Conclusion
Inclusion London welcomes the report and if the government acts of the Committee’s recommendations it will be a strong step in the right direction.
The House of Lords Select Committee on the Equality Act 2010 and Disability’s report is available at:
A video of the Chair of the Committee Baroness Deech and Baroness Campbell speaking about the report is available on the same site. The video has a BSL translation.