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Welfare
Rights Project
Publication of the Draft Disability Discrimination Bill
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Published in December, the draft Bill is the next step towards meeting the
Governments 2001 Manifesto commitment to extend basic rights opportunities for
disabled people. The draft Bill will make a range of amendments in a number of
areas. The new measures include:
- Extending the definition of
disability to include people suffering from progressive conditions such as HIV
Multiple Sclerosis and some Cancers.
- Introducing a new positive
duty on public bodies to promote equality of opportunity for disabled people.
Public bodies would be required to consider the needs of disabled people as an
integral part of the development of their policy, practices, procedures and
decision making.
- To extend the DDA to cover the
exercise of functions of public bodies, so that it would apply to most of
their activities, not just those which consist the provision of services. E.g.
issuing a licence.
- Protecting disabled people
from discrimination in their dealings with landlords when renting property by
requiring those who manage or let premises to make reasonable adjustments to
their policies and practices for disabled tenants or prospective tenants.
E.g.They may have to read out letters they send about the rent to a tenant who
is blind.
- Bringing within the scope of
Part 3 of the DDA membership of larger private clubs (i.e. those with 25 or
more members). Part 3 covers the provision to the public of goods, services
and facilities and requires service providers not to treat disabled people
less favourably than others and to make reasonable adjustments to help
eliminate discrimination against disabled people. The measure applies to
disabled people as applicants for membership of clubs and as members of clubs
rather than to disabled customers, as they would be covered under Part 3
already in that respect for any service the club offered to members of the
public.
- The provision of powers to
enable the exemption for transport vehicles in Part 3 of the Act to be lifted
and to set an end date when all rail vehicles will have to be accessible.
The draft Bill will undergo pre-legislative scrutiny. The Parliamentary
Committee considering the Bill is likely to be calling for written and oral
evidence. The Government will consider any recommendations made by the
committee and respond to them by summer 2004.
We will report on the progress of this Bill over the coming months.
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