§ Mr. Alfred Morrisasked the Secretary of State for Social Services what information he has as to the definition of disability and of discrimination or the equivalent terminology used in the legislation outlawing discrimination against disabled people in the United States of America, Canada and the states of Victoria, New South Wales and South Australia.
§ Mr. NewtonI have access to copies of the legislation in the five cases specified and, for some of them, advice issued on its interpretation. They confirm my view that effective definitions of discrimination and disability for the purposes of anti-discrimination legislation are extremely difficult to formulate.
§ Mr. Alfred Morrisasked the Secretary of State for Social Services if he will present a full report to Parliament on the cases of alleged discrimination against disabled people investigated by his Department; and if he will make a statement.
§ Mr. NewtonEighteen cases of alleged discrimination have been referred to us in response to the invitation issued by my hon. Friend the Member for Hornsey and Wood Green (Sir H. Rossi) in the debate on 11 February 1983–[Vol. 36, c. 1279]. Of these 14 were submitted by hon. Members and four by voluntary organisations. Eight of the cases were concerned primarily with employment, five with access, two with insurance, two with private clubs and one with housing. Five cases are still under investigation.
In those cases where investigations have been completed:
- —there was no evidence of discrimination in two
- —there were genuine problems of access in three
- —two involved commercial judgments the basis of which could not effectively be checked
- —one concerned maritime regulations laid before this House
- —one was an isolated incident where an employee appeared to have acted against the general policy of the organisation concerned, which had already taken disciplinary action.
- —one involved a conflict of opinion over the application of "right to buy" legislation
- —in one the hon. Member concerned was supplied with general information and has not pursued the enquiry
- —in the remaining two cases the problem was resolved in favour of the complainant during the course of our enquiries.