Disability Rights Commission (Hansard, 21 July 1998)

§ The Minister of State, Department for Education and Employment (Baroness Blackstone)

The Government today published a White Paper entitledPromoting Disabled People's Rights: Creating a Disability Rights Commission fit for the 21st Century, setting out their proposals on the role and functions of a disability rights commission. This has been laid before the House and copies have been placed in the Printed Paper Office.

In our manifesto we stated our support for "comprehensive and enforceable civil rights for disabled people". Accordingly, in October 1997 we announced that we would:

set up a Task Force to report to the Government on how best to secure those rights;
implement the remaining provisions of the Disability Discrimination Act; and
establish a disability rights commission.

The Disability Rights Task Force was set up in December 1997. The Government are very grateful to all the members of the task force, whose recommendations on a disability rights commission form the basis of this White Paper.

In June we announced that we would be bringing in the provisions within the Disability Discrimination Act which will require service providers to make reasonable adjustments to make their services accessible to disabled customers in two main stages, in 1999 and 2004.

Our move to establish a disability rights commission is another major step towards fulfilment of our commitment to comprehensive and enforceable civil rights for disabled people.

We envisage that the role and functions of the disability rights commission will be broadly similar to those of the Equal Opportunities Commission and the Commission for Racial Equality. Our proposals aim to take account of over twenty years of experience gained by equality commissions here and abroad in combating discrimination. We want to create a disability rights commission fit for the 21st century.

The commission will make a large contribution to ending discrimination against disabled people and enabling them to play a full part in society. Discrimination against disabled people remains all too extensive and is totally unacceptable. The commission will provide disabled people with support to sustain the rights which the law creates for them. It will promote conciliation and, where necessary, enforcement. But its role will also be to promote good practice and educate, and it will provide a central source of information and advice to employers and service providers to assist them in meeting their duties.

We emphasise that we expect that the commission should not work in an adversarial or oppressive way. 91WA There need be no tension between the interests of disabled people and the interests of employers and service providers. The commission should be seen as supportive of both disabled people and businesses alike. We are proposing that there should be a single commission in Great Britain but with offices in Scotland and Wales. The commission will comprise between 10 and 15 commissioners. Their appointment will comply with the guidance issued by the Office of the Commissioner of Public Appointments.

The commission must be credible with all stakeholders. The body of commissioners between them will need to have sufficient diversity of experience to be able to take account of the interests of all disabled people and to reflect the interests of all key stakeholders, including those of small businesses. We intend that at all times a majority of the commissioners should be disabled.

The commission will be an independent executive non-departmental public body, subject to the formal management and reporting arrangements and accountabilities laid on such bodies.

The commission's main duties will be to:

work towards the elimination of discrimination against disabled people;
promote the equalisation of opportunities for disabled people with those of non-disabled people;
promote good practice; and
advise the Government on the operation of the Disability Discrimination Act and other relevant existing legislation, and any future legislation dealing with discrimination against disabled people, and whether changes need to be made to it.

We will expect the commission to work in partnership with other organisations and networks which have expertise relating to disability discrimination.

Within this framework of general duties, the commission's specific functions will be to:

provide a central source of information and advice, particularly to disabled people, business, and the public and voluntary sectors;
assist individuals in securing their rights under the Disability Discrimination Act and other relevant domestic legislation, under any legislation resulting from the implementation of relevant European Union directives and under Article 14 of the European Convention on Human Rights which makes it unlawful to discriminate against disabled people in the enjoyment of their rights under the convention;
prepare and review statutory codes of practice containing practical guidance on what is necessary to comply with legislation. The commission will have a duty to publish a draft of any codes which it prepares for consultation;
arrange for the provision of an independent conciliation service in respect of access to goods, facilities, services and premises and monitor the performance of that service. The Advisory, Conciliation and Arbitration Service (ACAS) will WA 92 continue to provide conciliation on employment issues.

The commission will have also the power to undertake formal investigations. Such investigations would normally be reserved for serious and complex situations or issues. There will be adequate safeguards in place to ensure that the rights of those under investigation are not transgressed.

Finally, the commission will be able to carry out research about issues that fall within its purview.

We believe that a disability rights commission is essential in tackling discrimination against disabled people and to promote an inclusive and just society. We invite comments on our White Paper by October 16 and will introduce legislation to establish the commission as soon as the parliamentary timetable allows.