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DISABILITY-RESEARCH  January 2002

DISABILITY-RESEARCH January 2002

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Subject:

Disability Discrimination (Amendment) Bill [HL] (2002) Annotated

From:

Ozcan KONUR <[log in to unmask]>

Reply-To:

Ozcan KONUR <[log in to unmask]>

Date:

Sun, 13 Jan 2002 21:45:07 +0000

Content-Type:

text/plain

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Parts/Attachments

text/plain (228 lines)

Disability Discrimination (Amendment) Bill [HL] (2002) Annotated

Konur, O. (2002) Disability Discrimination (Amendment) Bill [HL] (2002)
Annotated, HL Bill 40, 8 January 2002, First Reading, House of Lords,
version 1, 13 January 2002, 25,000 words, (London, City University).
[On-line] http://www.student.city.ac.uk/~cx639/ddab40.htm (Original source,
http://www.parliament.uk accessed on 10 January 2002)

Key words
Disability Discrimination Act (DDA) (1995), Disability Discrimination
(Amendment) Act (DDAA) (2002), Disability Discrimination (Amendment) Bill
(HL) (DDAB) (2002)- HL HL Bill 40, meaning of disability, cancer, HIV (human
immuno-deficiency virus), associations, Human Rights Act (1998), police
officers, statutory office holders, small business exemptions, enforcement,
compensation, re-instatement orders, re-engagement orders, employment
tribunals, premises, facilities, services, questionnaire procedures,
consultations, public authorities, equal opportunities, Disability Rights
Commission, Disability Rights Commission Act (DRCA) (1999), Special
Educational Needs and Disability Act (SENDA) (2002).

Copyright: Ozcan Konur, 2002

Crown Copyright legislation is reproduced under the terms of Crown Copyright
Policy Guidance issued by HMSO.  [HMSO Guidance Notes Reproduction of United
Kingdom, England, Wales and Northern Ireland Primary and Secondary
Legislation, Number: 6  Date: 27 October 1999  (Revised 6 November 2000),
http://www.legislation.hmso.gov.uk/g-note6.htm]

Executive Summary
The Disability Discrimination Act (DDA) (1995) was enacted on 8 November
1995 and has been in force in part since 2 December 1996.  2 December 2001
saw the end of its implementation for the first half a decade. As we enter
the second half a decade of its implementation, Disability Discrimination
(Amendment) Bill (HL Bill 40, 8 January 2002) appeared in the Parliamentary
records on 8 January 2002. A preliminary search of the electronic newspaper
databases as well as an Internet search using a search engine as of 10
January 2002 did not reveal any substantial information in the public domain
on this new Bill. This is surprising since the close reading of the Bill
suggests relatively substantial changes to the Part I, Part II, Part III,
Part VII, Part III of the DDA (1995) as well as the Section 7 of the
Disability Rights Commission Act (DRCA) (1999).

Therefore this web site was established to publish the annotated version of
the HL Bill 40 on 13 January 2002 in a timely manner in 17,500 words
corresponding to the Bill in 5,100 words with a total of 25,000 words at
http://www.student.city.ac.uk/~cx639/ddab40.htm as a part of the Research
Project Web Site on Disability and Higher Education which has had a web site
at http://www.student.city.ac.uk/~cx639/index.htm since June 1999.  It was
prepared as a part of the research stream of the Research Project on
Disability Law and Policy, complementing the academic output of the Research
Project.  It aims to inform the members of the public about this Bill rather
than providing a detailed interpretive study of the Bill. The research on
the DDA as well as this Bill is in-progress.  Please visit the research
project web site, http://www.student.city.ac.uk/~cx639/index.htm for a list
of the research output from this project with the full text links to them
where it is possible. This project site also increasingly includes the legal
resources on the Special Educational Needs Act (SENDA) (2001), Disability
Discrimination Act (1995) as well as other legal resources (in the near
future).

It has been cited many times by both the Employment Appeal Tribunal and
Court of Appeal that the Disability Discrimination Act (1995) has been a
relatively 'complex' and therefore 'inaccessible' piece of legislation. It
is notable that no Guidance Notes in the form of the 'Explanatory Notes' on
the Bill was found in the public domain in the contrary to a general rule
that every bill is accompanied by such guidance notes which helps the bills
accessible to the wider public.  It is possible that the Bill may be found
as an 'inaccessible piece of bills.

Bearing in mind these technical accessibility issues, the contents of the
Bill were re-arranged following the general structure of the DDA (1995)
itself.  For each section of the DDA, which the Bill updates, separate
entries were established as arranged under the relevant Parts of the DDA
starting with the Section 1 of the DDA till Section 64 of the DDA (1995).
The Section 7 of the DRCA (1999) is added at the end of this section. Each
section has a number of entries: references, amended version of the
Sections, Notes on the current version of the Sections and notes on the
Amendments sought by the Bill. Finally the full text of the Bill was
reproduced at the end of the document for information and archive purposes.

For accessibility purposes an accessible summary of the annotated Bill in
900 words was produced below following the similar DDA structure, rather
than the Bill structure of the arrangement. The HTML structure of the
document would enable the relatively easy navigation across document.  The
list of contents is also produced for such purposes.

Part 1 (Meaning of Disability)

Short route to the disability tests for people with cancer or HIV

The people with cancer (provided there is a requirement for substantial
treatment) and HIV are deemed to be disabled by short-changing the last
there prongs of the Section 1 of the Act once a medical diagnosis was made
to confirm that there is an 'impairment' within the meaning of the Act (DDA
Schedule 1(7)- HL Bill 40- Clause 1).  This amendment affects access to
employment, services (and facilities, goods, and premises), and education
(both school and post-school education) by disabled people.

Part II (Access to employment by disabled people)

End to the small business employment exemptions

Small business employer exemptions from the provisions of the Part II of the
Act would be removed with the effect that disabled people would be able to
file disability claims before the tribunals against their employers with or
less than 15 employees, including the divisions of the large companies (DDA
Section 7- HL Bill 40- Clause 5). This amendment affects access to
employment by disabled people.

New powers for the tribunals to make 're-instatement' or 're-engagement'
orders against employers

The Tribunals would have powers to make 're-instatement orders' or at the
absence of such orders the 're-engagement orders' taking into consideration
of the disabled applicants' wishes, the practicality and justness of making
such orders as well as making compensatory awards for the non-compliance
with such orders to compensate for any loss suffered by the disabled
applicants. (DDA- Section 8- HL Bill 40- Clause 6). This amendment affects
access to employment by disabled people.

Part III (access to services, goods and facilities)

Subpart: Goods, Facilities, and services

Extension of the Sections 19, 20, and 21 to associations, transport
services, and public authorities

The rights and duties imposed by the Sections 19, 20, and 21 as regards to
access to services provided by the service providers are extended to the
membership services provided by the associations with or more than 25
members (DDA Sections 19, 20, 21-Clause 2, HL Bill 40, 8 January 2002); to
the transport services (DDA Sections 19, 20, 21- Clause 7, HL Bill 40, 8
January 2002); to the services provided by the public authorities (DDA
Sections 19, 20, 21- Clause 8, HL Bill 40, 8 January 2002). These amendments
affect disabled people with access needs to associations, transport services
and public authorities as well as these service providers.

Subpart: Premises

Reasonable adjustment duties for the leaseholders and rights of disabled
tenants to make alterations to premises

The leaseholders would have 'reasonable adjustment' duties to make
reasonable adjustments to their 'practice, policy, or procedure' (Clause 11,
'Reasonable adjustments to premises'- Section 22, 'Discrimination in
relation to premises').  The failure to comply with such Section 22(A) duty
would form a second component of the discrimination tests (DDA Section 24,
'Meaning of 'discrimination''- HL Bill 40, Clause 10, ' Meaning of
discrimination in Section 22 of the 1995 Act).  The disabled tenants would
be able to make alterations to the premises with the written consent of the
leaseholders where the matter could be referred to the county or sheriff
courts (DDA, Section 23, 'Exemptions for small dwellings'- HL Bill 40,
Clause 12, 'Leasehold premises: alterations').

Subpart: Enforcements etc.

Change to employment tribunals from sheriff or county courts; tribunal
powers to recommend actions

The disabled applicants should bring their DDA Part III claims before an
employment tribunal not the county or sheriff courts as previously within
the six months of the acts they complain of (8 months if they were advised
by statutory bodies under the Section 28 of the DDA).  Tribunals would have
powers to make declarations on the applicants' rights, to award compensatory
monetary towards including awards for 'injury to feelings' and to recommend
actions suitable for the respondents to take; to increase the compensatory
awards in the case of non-compliance with such recommendations (or refer to
the county or sheriff courts to impose injunctions or interdicts) as well as
to award interest on the compensatory awards (DDA Section 25, 'Enforcement,
remedies, and procedure'- HL Bill 40, Clause 14, 'Enforcement').

DDA (1995) Part VII Supplemental

Duties of Secretary of State to promote disability equality and he DRC's
compliance notices and codes of practices

The Secretary of State would have duties to promote disability equality. The
Disability Rights Commission would prepare codes of practices to promote
disability equality and would issue the compliance notices and would enforce
them in the county or sheriff courts. (DDA Section 53 Code of practice
prepared by the Secretary of State, HL Bill 40, Clause 9-General duty to
promote equal opportunities for disabled people).

DDA (1995) Part VIII Miscellaneous

Extension of the DDA Part II to statutory police officers (and statutory
officers in the Armed Forces, prisons and fire-fighting services?)

The police officers (and Statutory office holders in the Armed Forces,
Prisons, and Fire-fighting services?) would be able to bring the DDA Part II
(employment) claims before the Tribunals (DDA Section 64 Application to
Crown etc.- HL Bill 40, Clause 4)

Disability Rights Commission Act (1999)

Extension of the Disability Rights commission's assistance to Human Rights
Act (1998) claims

The disabled applicants would be able to ask for assistance from the
Disability Rights Commission to add a HRA claim in addition to their DDA
(Part II or Part III) claims (Disability Rights Commission Act (1999)
Section 7, 'Assistance in relation to proceedings'- HL Bill 40, Clause 3,
'Power to take proceedings under the Human Rights Act 1998)

________________________________
Ozcan KONUR
Postal address: Rehabilitation Resource Centre (Walmsley Building Room
W223), City University, Northampton Square, London EC1V 0HB, The United
Kingdom.
E-mail: [log in to unmask]
Research project URL: http://www.student.city.ac.uk/~cx639/index.htm
Phone: 020 7040 0271



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