Disability Legislation (Hansard, 5 April 2004)

§ The Parliamentary Under-Secretary of State, Department for Work and Pensions (Baroness Hollis of Heigham)
My Lords, we launched a wide-ranging awareness-raising campaign on 31 March to highlight the new duties from October 2004. It will focus, in particular, on small businesses—those with fewer than 15 staff—which will come within the remit of the DDA for the first time. We will directly mail the 1 million small businesses which are likely to be affected and will supplement that activity with items on radio and in the press and media. The Disability Rights Commission will publish codes of practice before the new duties take effect in July.

§ Lord Ashley of Stoke
My Lords, that sounds pretty good. Does my noble friend agree that when the Disability Discrimination Act is fully implemented on 1 October it will lead to a dramatic improvement in the lives of millions of disabled people because those who provide services—banks, cinemas, pubs, clubs and all service providers—will be legally obliged to adapt their premises to make them accessible to disabled people? That is a great step forward.
However, as my noble friend will know, fewer than half of all service providers even know about the legislation, despite the Government's efforts. That means either that something has gone very badly wrong or that the Government have been rather slow in informing those people nine years or so after the Act went on to the statute 1591 book. Therefore, can we have more energetic and thrusting efforts from the Government because, without them, the Act will simply die of its own volition?

§ Baroness Hollis of Heigham
My Lords, I am absolutely confident that my noble friend is wrong to say that the Act will die. It is the case that many small businesses and some service providers do not know the details of either the Disability Discrimination Act 1995 or the current regulations. But, according to recent research, it is also clear that at least 70 per cent have already made preparations either because they have a disabled employee or to provide access to disabled customers. Therefore, the work is well under way, even if, as my noble friend said, the companies and businesses affected do not always know the small print. However, we shall be strenuous in this matter, and my noble friend is absolutely right: the purchasing power and labour resource that disabled people offer to this country is enormous.
I want to make one final point. I am pleased to say that in the UK, partly as a result of the activity of my noble friend and others, we are in the lead on disability rights in Europe and not behind the others.

Lord Campbell of Croy
My Lords, does the noble Baroness recall that the Act, which had great success, was based on the principle of what was reasonable and did not demand what was virtually impossible?

§ Baroness Hollis of Heigham
Yes, my Lords. The evidence now shows that in more than half the companies and businesses that have made adjustments for disabled people, the cost to the company has been less than £1,000. Returning to my noble friend's original point, we calculate that the average cost for small businesses of implementing the regulations will be £6.

§ Lord Carter
My Lords, in addition to the Disability Discrimination Act and the regulations that were mentioned, I am sure that my noble friend will recall that, since 1997, the Disability Rights Commission has been placed on a statutory basis and we have had the Special Educational Needs and Disability Act. Before the end of this Parliament, we shall have a Mental Incapacity Bill and a Disability Discrimination Bill to bring the 1995 Act up to date. There is also the chance of a mental health Bill. Does my noble friend agree that those five Acts over eight years represent a considerable achievement?

§ Baroness Hollis of Heigham
Yes, my Lords. I know that this has been an area in which your Lordships have been very active and noble Lords have been strenuous in promoting this way forward. As I said, I believe that we have a record of which we can all be hugely proud.

§ Lord Addington
My Lords, does the Minister agree that one lesson that we should take from this legislation is that a very long run-in time leads to confusion? People panic during the initial period; they 1592 discover that they have a long run-in period; they do nothing; and then they panic towards the end. Does the noble Baroness agree that any future legislation should have the shortest manageable run-in period because that makes life far simpler?

§ Baroness Hollis of Heigham
My Lords, I am not sure that I agree with the noble Lord. The point that I was trying to make in answer to my noble friend's first supplementary question was that the Disability Discrimination Act 1995 helped to change people's attitudes and minds, and I give credit to the then government. People do not now ask, "Am I abiding by the law?"; they say, "It is good to bring services to disabled people and it is good to have a diverse workforce that reflects the customer base of our organisation". That legislation has changed minds and that takes time, particularly if, for example, in the field of transport, extremely heavy costs are involved.

§ Lord Swinfen
My Lords, I understand that the Disability Rights Commission helpline is already well over-subscribed. Will the Government be making additional resources available to combat that and, if not, why not?

§ Baroness Hollis of Heigham
My Lords, I presume that the noble Lord is referring to the helpline of the Disability Rights Commission rather than to the helpline of the Government. The noble Lord nods. There has certainly been a substantial increase in the number of inquiries received by the helpline. I believe that approximately a third of its inquiries are now from employers and I expect that number to rise. But the budgets are negotiated between those running the helpline and the DRC, and they have received useful increments.

§ Lord Skelmersdale
My Lords, we are talking about the extension of rights for disabled people. Does the noble Baroness accept that with rights go responsibilities and that therefore it would be unreasonable to expect more workplace adaptations than are necessary for an individual member of staff or, indeed, customer?

§ Baroness Hollis of Heigham
My Lords, I agree with the noble Lord—this may be where he is coming from—that we should not expect employers to make adjustments to their premises in anticipation of having a disabled employee, partly because what may be necessary for someone who is hard of hearing—for example, a radio loop—might be completely irrelevant for someone in a wheelchair.
However, it is the case that service providers tend to make "anticipatory adjustments" in order to attract a customer base. In the process they have found that that has increased access not only for disabled customers but for elderly customers, parents with children in pushchairs and the like. While I agree with the noble Lord as far as concerns employers, we should recognise that anticipatory adjustments may be very sensible for service providers.