House of Lords House of Commons

Session 2003-04 House of Lords Publications on the internet House of Commons Publications on the internet Joint Committee on the Draft Disability Discrimination Bill Publications

Joint Committee on the Draft Disability Discrimination Bill - First Report Here you can browse the report together with the Proceedings of the Committee. The published report was ordered by the House of Lords and the House of Commons to be printed 27 April 2004.

CONTENTS Terms of Reference REPORT SUMMARY CHAPTER 1: INTRODUCTION Existing legislation Table 1: Key features of the Disability Discrimination Act 1995 (as amended) History of consultation The draft bill Box 1: Summary of clauses of the Draft Disability Discrimination Bill The Committee's inquiry Overview Title of the bill Structure of the report CHAPTER 2: WHO SHOULD BE PROTECTED? Introduction The social model of disability Current position Draft bill changes Evidence Conclusion Extending the definition of disability to include people with HIV infection, multiple sclerosis and cancer from the point of diagnosis Current position Draft Bill changes Evidence Conclusion Other progressive conditions Evidence Conclusion Regulation-making power Coverage by the DDA of people with mental health problems "Clinically well-recognised" mental illnesses Current position Evidence Conclusion Additions and amendments to the list of normal day-to-day activities Current position Evidence Conclusion Long-term effects requirement for people suffering from depression Current position Evidence Conclusion People associated with disabled people and those wrongly identified as being disabled Disability benefits Current position Evidence Conclusion Armed forces Current position Evidence Conclusion CHAPTER 3: TRANSPORT (CLAUSE 3) Introduction Regulations to extend Part 3 of the DDA Current position Draft bill changes Evidence: use of regulations and timetable Conclusion Evidence: content of regulations Conclusion "Reasonable" adjustments and codes of practice Current position Draft bill changes Evidence Conclusion Training Draft bill changes Evidence Conclusion Aviation and shipping Current position Draft bill changes Evidence Conclusion Part 5 DDA proposed changes (rail end-date consultation) Current position Evidence Figure 1: Non RVAR heavy rail vehicles life expiry Conclusion Refurbishment Conclusion Blue badge enforcement Current position Evidence Conclusion CHAPTER 4: DISCRIMINATION BY PUBLIC AUTHORITIES (CLAUSE 4) Current position Draft bill changes Duty to make reasonable adjustments Anticipatory or reactive duty Trigger to make reasonable adjustments "Reasonable opinion" test Exemption for allocating prisoners Other exemptions CHAPTER 5: DUTY ON PUBLIC AUTHORITIES (CLAUSE 8) Current position Draft bill changes Definition of public authorities Promotion of equality of opportunity Promotion of good relations Advocacy Monitoring and enforcement CHAPTER 6: LOCAL COUNCILLORS AND OTHER OFFICE AND POST-HOLDERS (CLAUSE 15) Current position Draft bill changes Extension to all statutory elected or appointed office and post-holders Exclusion for appointment to an office or committee Duty to make reasonable adjustments Breadth of coverage Circumstances in which discriminatory treatment is taken to be justified CHAPTER 7: PRIVATE CLUBS AND MEMBERSHIP ASSOCIATIONS (CLAUSE 5) Current position Draft bill changes "Adversely affects": trigger for adjustment Discrimination against disabled guests Physical adjustments to listed and other buildings Training for staff in private clubs CHAPTER 8: HOUSING (CLAUSES 6 AND 7) Discrimination in relation to letting of premises (Clause 6) Current position Draft Bill changes Meaning of "reasonable adjustments" Extent of duty to make reasonable adjustments Withholding of consent by landlords to the making of physical alterations to premises Current position Evidence Conclusion Physical alterations to communal areas Further evidence on physical alterations Exemption for small dwellings (Clause 7) Current position Draft Bill changes Evidence Conclusion CHAPTER 9: CLAUSES 1, 2, 10 AND 11 Discriminatory advertisements (clause 1) Current position Draft bill changes Liability exemption Advertisements relating to goods and services Group insurance (clause 2) Current position Draft bill changes Joint liability Questionnaire procedure (clause 10) Current position Draft bill changes Evidence Police (clause 11) Current position Draft bill changes Evidence CHAPTER 10: VOLUNTEERS Current position Evidence Conclusion CHAPTER 11: TRIBUNALS Current position Draft bill changes Power to order reinstatement or re-engagement Power to recommend changes to policies, practices and procedures Enforcement of Part 3 cases through employment tribunals rather than the courts CHAPTER 12: EXAMINING BODIES AND STANDARD SETTING AGENCIES Current position Evidence Conclusion CHAPTER 13: TRIGGERS CHAPTER 14: FINANCIAL IMPLICATIONS CHAPTER 15: CONCLUSIONS AND RECOMMENDATIONS Chapter 1: Introduction Chapter 2: Who should be protected from discrimination? Chapter 3: Transport Chapter 4: Discrimination by public authorities (Clause 4) Chapter 5: Duty on public authorities (Clause 8) Chapter 6: Local councillors and other office and post-holders (Clause 15) Chapter 7: Private clubs and membership associations (Clause 5) Chapter 8: Housing (Clauses 6 and 7) Chapter 9: Clauses 1, 2, 10 and 11 Chapter 10: Volunteers Chapter 11: Tribunals Chapter 12: Examining bodies and standard setting agencies Chapter 13: Triggers Chapter 14: Financial implications APPENDIX 1: JOINT COMMITTEE ON THE DRAFT DISABILITY DISCRIMINATION BILL APPENDIX 2: LIST OF WITNESSES APPENDIX 3: CALL FOR EVIDENCE APPENDIX 4: SCHEDULE LISTING WITNESSES' COMMENTS ON THE DRAFT BILL, WITH GOVERNMENT RESPONSES APPENDIX 5: LIST OF ACRONYMS APPENDIX 6: FORMAL MINUTES MINUTES OF EVIDENCE - VOLUME II (HC 352-II / HL 82-II) Wednesday 11 February 2004 Wednesday 25 February 2004 Wednesday 3 March 2004 Wednesday 10 March 2004 Wednesday 17 March 2004 Tuesday 23 March 2004 Wednesday 24 March 2004 Tuesday 30 March 2004 Wednesday 31 March 2004 WRITTEN EVIDENCE - VOLUME II (HC 352-II / HL 82-II)

© Parliamentary copyright 2004	Prepared 27 May 2004