The Disability Discrimination Act

What is the Disability Discrimination Act?

The Disability Discrimination Act 1995 introduced new laws aimed at ending the discrimination that many disabled people face. It gives disabled people new rights of access to goods, facilities and services, as well as in employment, buying, or renting property. The Act will shortly include Transport. The Act is to protect the rights of a wide range of people with sensory, mental or physical disabilities. The sad fact is that in the twenty-first century such an act needs to exist at all.

The new laws within the Act are brought into force in stages, this is to allow service providers, employers. landlords etc, time to assess what they will need to do to comply and then introduce it, for it is their duty under the Act to make reasonable adjustments, and take positive steps to make services accessible to disabled people. In some cases this could mean structural alteration, but in others it may just mean altering the way they do things, by changing practices, policies or procedures. An example of this would be for a shopkeeper to remove goods from a doorway or isle and give a wheelchair user the same use of the shop as a non-wheelchair user. This would be making reasonable adjustment.

The Disability Discrimination Act could be looked on as a positive thing, for businesses, disabled people have the same needs and wants as non-disabled people and the same money to spend, as well as a lot to offer in the work place.

In general, better access will mean a better quality of life for disabled people, a more open and inclusive society, and better business opportunities for service providers. Society as a whole will benefit from the increased contribution that disabled people will make in day to day life.

We would suggest to anyone who is affected by the Disability Discrimination Act to think and plan ahead to meet the requirements of your existing or potential disabled customers or employees.

Do not make assumptions about disabled people based on speculation or stereotypes. Ask disabled people themselves how they can best be served. Consult with disability organisations. If you are a disabled person, do not allow yourself to be discriminated against.

The history of the campaign for civil rights for disabled people

In 1979, pressure from disabled people and disability organisations resulted in the then Labour Government setting up the Committee on Restrictions Against Disabled People (CORAD). It was charged with the task of establishing whether or not disabled people encountered discrimination in their everyday lives and if so to make further recommendations as to how this could be tackled.

CORAD reported in 1982, finding that disabled people experienced widespread discrimination and recommending the introduction of comprehensive antI- discrimination legislation to combat it. However, by the time the report was published the Government had changed and the new Conservative Government remained unconvinced that such legislation was necessary.

In 1985 Voluntary Organisations for Anti-Discrimination Legislation (VOADL) was set up. Its aim was to secure the legislation that was required. This group was eventually to become "Rights Now!"

Slowly the campaign began to gather momentum. Between 1982 and 1993, some 15 Private Members Bills were introduced into Parliament. At first they were just broad statements of principle but soon began to increase in sophistication borrowing much from the US experience with the Americans with Disabilities Act. In 1991 the prototype Civil Rights (Disabled Persons) Bill was introduced in to Parliament. It was defeated but was reintroduced in 1992 and 1993.

By 1993, the campaign had gained a considerable amount of support inside and outside Parliament and it looked as if the Bill might succeed in getting onto the Statute Book. The Government's opposition to the Civil Rights (Disabled Persons) Bill was based on a belief that it would place too high a burden on businesses and would thus inhibit their ability to compete in the market place - a view that was continually rebutted by the disability lobby. When it became clear that these arguments were not persuasive the Government then used procedural means to defeat the Bill, introducing over one hundred amendments so that the Bill ran out of parliamentary time.

However, because of the public outrage these tactics caused the Government was forced to introduce its own legislative proposals - The Disability Discrimination Act (DDA) 1995.

Disability Discrimination Act 2005

This Act amends the Disability Discrimination Act 1995 in a number of important ways. It will:

provide protection for more people diagnosed with HIV, MS and cancer
remove the requirement that a "mental illness" be "clinically well-recognised."
create new rights to use public transport, enhance parliamentary scrutiny of exemptions from rail vehicle accessibility regulations and set an end date of 2020 for all rail vehicles to be accessible.
create a new duty to promote disability equality for the public sector (paralleling the race equality duty) - this includes duties to promote positive attitudes towards disabled people, tackle all forms of harassment and bullying and promote participation in public life - this duty, we believe, is key to preventing and reducing institutional discrimination and should have a major impact.
extend the DDA to cover most functions of public authorities (there is presently a lack of clarity, for example, relating to disabled prisoners, elections, planning and access to pavements and highways) including creating enhanced opportunities for disabled people to serve their communities as school governors or members of NHS boards.
give disabled tenants and leaseholders a right to reasonable adjustments.
strengthen rights for disabled people in rented accommodation not to be unreasonably refused consent by landlords for access improvements to their homes.
give disabled people (including guests) new rights in respect of private clubs with 25 members.
ensure better access to exams such as GCSE's and A levels.
protect disabled councillors against discrimination for the first time.

The Act's provisions will be brought into force in stages, some provisions will have effect from December 2005, some from June 2006 and others from December 2006. These dates are not set in stone, this is when it is expected the provisions will be implemented based on Government undertakings.

For up to date information on the Disability Discrimination Act visit the Disability Rights Commission's website DDA section