Disability Discrimination (Hansard, 6 July 1998)

§ Mr. Alan Howarth

[holding answer 20 April 1998]: In July 1996 the Head of the Civil Service wrote to all Departmental Permanent Secretaries to alert them to the implications of the employment provisions in Part II of the Act and the employment Code of Practice for Government Departments as employers. As a result, Departments have taken a variety of steps reflecting their particular circumstances to ensure that they comply with the provisions. Departments will continue to keep the need for further action under review. All Departments are committed to equal opportunities and do not discriminate against staff or eligible applicants for posts on any grounds including disability.

An action pack entitled "Government as a service provider" was also sent to all Permanent Secretaries. The pack gives guidance to Government officials and those working in executive agencies and associated bodies to assist them in complying with the first rights of access to goods and services introduced under the Act. The guidance was for dissemination to key staff with responsibility for overseeing implementation of these new duties upon providers of services to the public. Departments will continue to keep the need for further action under review.

A selection of actions taken is as follows: Cabinet Office The Cabinet Office (Office of Public Service) in addition to its role as an employer promotes and monitors the overall effectiveness of the Civil Service's equal opportunities policy. To help departments and agencies with the implementation of the Disability Discrimination Act, the following actions were taken: General In 1995 the OPS set up an Inter-departmental Focus Group on the Act to help Departments and Agencies comply with the legislation. The Group looked at issues around monitoring of disabled staff, changes to the recruitment Orders in Council and the revision of the Programme for Action to Achieve Equality of Opportunity in the Civil Service for Disabled People, and the information handbook, Focus on Ability. It also met with officials from the DfEE to discuss the draft Code of Practice and the implications for the Employment Service's Positive About Disabled People symbol. The (revised) Programme for Action In 1996, the Programme for Action to Achieve Equality of Opportunity for Disabled People was updated and revised to take account of the changes in the law. To help departments and 392W agencies meet these duties, the "checklists" in the revised Programme for Action were highlighted in bold to show they originated from the requirements of the Act. Copies of the revised Programme were issued to departments and agencies through the Equal Opportunities Officers/Disabled Persons' Officers (EOO/DPO) network in November 1996. Focus on Ability: A Practical Guide to Good Practice in the Employment of Disabled People A revised copy of the handbook, Focus on Ability: A practical Guide to Good Practice in the Employment of Disabled People, was issued to departments and agencies on the EOO/DPO network in March 1997. The revised handbook included advice on implementing the Act. Progress Report On 2 April 1998, Equal Opportunities in the Civil Service; A progress Report 1995–1997 was published. This report demonstrates good progress in promoting equality of opportunity in the Civil Service during the period 1 April 1995 to 31 March 1998, with at least 80 per cent. of departments and agencies reporting specific action to comply with the Act. Some of the more common actions include: issuing guidance notes to staff, organising seminars and workshops, buildings audits, staff surveys, drawing up action plans and updating existing personnel and training guidance notes. The Civil Service Data Summary With the introduction of the Act, the disability categories used to collect information for MANDATE were amended to reflect the Act's definition of a disabled person. (MANDATE is the OPS's database of information about Civil Service personnel. It covers most, but not all, Government departments and agencies and is updated quarterly. Because it has records on a person-by-person basis it is possible to examine combinations of features such as grade, age, gender and disability. The records are made anonymous by departments and agencies so that individuals cannot be identified in OPS.) Cabinet Office (OPS) as an Employer The Department has integrated the requirements of the employment Code of Practice within its personnel procedures. Disability is included within the ambit of the Department's equal opportunities statement which make it clear that everyone shall have equality of opportunity for employment and advancement on the basis of their ability, qualification and suitability for work. When necessary, reasonable adjustments are made to enable those with disabilities to compete freely and openly for work. This includes the provision of sign language interpreters and consulting the Employment Service's Placing Assessment and Counselling Teams when disabled staff join or become disabled whilst in post. The Department has commissioned a disability audit of its buildings and actions recommended by the report are being carried out. Disability awareness was included in the training of the Department's network of Harassment Contact Officers. The Department is participating on policies which improve the position of disabled people within the Civil Service such as Workable. The Department has no significant involvement with the provision of goods and services to individual members of the public but selected publications are available in alternative formats; and if a request was received to give information in an alternative format, arrangements would be made for this to happen. Ministry of Agriculture, Fisheries and Food The provisions have been brought to the attention of all staff. Recruitment practice and all internal procedures for staff have been reviewed. Additional guidance has been issued to personnel staff. Material on equal opportunities for training courses has been updated. Managers of staff who have declared a disability which has an impact on their work have been provided with specific guidance, in addition to the annual guidance issued to all staff on all equal 393W opportunities aspects of staff appraisal. Additional seminars on disability awareness and the employment considerations of disability have been held for personnel and other staff. When recruiting, the Ministry welcomes applications from individuals with a disability, and is taking part in the "Workable in the Civil Service" programme. A disability audit of all its buildings is almost complete and many recommendations are already in place or underway. The Ministry is keeping under review access to services and premises under the Citizens Charter initiative and in the light of responsibilities under the Act. It is ready to respond to requests for information in alternative formats and able to provide guidance and support on the use and completion of forms. The disability audit of the MAFF estate will address the needs of disabled customers as well as staff. Department for Culture, Media and Sport The Department is committed to equal opportunities and does not discriminate against staff or eligible applicants for posts on any grounds including disability. All possible steps are taken to ensure that staff are treated equally and fairly and that decisions on recruitment, selection, training, promotion and career management are based solely on objective and job related criteria. The Department recently launched a programme of equal opportunities awareness training for all staff, which includes a session on the Act. It has also provided application forms in alternative formats. All the Department's buildings are accessible to people with disabilities and a full disability access audit was commissioned at the end of 1997. The report is due to be finalised shortly and the Department will then consider what action is necessary. The Department is largely a policy department and sponsors a wide range of public bodies to deliver its objectives. These bodies are in the front-line of service delivery to the public and are each responsible for ensuring that they do not discriminate against disabled people. Ministry of Defence The provisions provided an underpinning to many of the Department's existing civilian practices in respect of the employment of disabled people. For example, the Ministry already had a programme to promote the employment of people with disabilities, and used the Positive About Disability symbol. The Department has ensured that its statutory responsibilities towards disabled people, as defined in the Act and its supporting Code of Practice, were communicated to all staff, both civilian and those Service personnel with responsibilities for managing civilian staff. Means used included: publication of a Defence Council Instruction; specific guidance in the MOD Personnel Manual and the proofing of existing Departmental personnel management procedures and practice; disability awareness issues in equal opportunities training programmes and seminars; and articles in in-house journals. Early this Summer, the launch of a new Departmental Programme of Action on Disability, which includes comprehensive guidance on how the needs of disabled applicants or staff should be met, will provide a further opportunity to disseminate best practice aimed at improving the Department's performance as an employer of disabled people. The Department has communicated to staff those responsibilities relating to the implementation of the goods, facilities and services provisions contained in legislation and in the Code of Practice. Dealings with the public are limited and consequently to many of its personnel the Department's role as a service provider will not be immediately obvious. Nevertheless where there is contact with the public, for example, in the provision of printed information or at "Open Days", the Department has emphasised the need for staff to take into account the needs of disabled people. Department for Education and Employment The Department has undertaken a number of measures to implement the provisions. A confidential survey was made of all staff to ascertain the incidence and nature of any disability or impairment in DfEE. The survey also covered what help was already 394W being received, if further or new help was required and if there were any need to receive communications in an alternative format. Presentations were held in all locations to promulgate both information about the Act and to impart best practice in the management of staff with disabilities. Copies of the employment Code of Practice were issued to all senior managers. In November 1996 the Equal Opportunities Team issued a guide to help staff and line managers to understand and comply with the Act. It is now being revised in the light of the issues which have arisen since the provisions came into force. An Advisory Group for People with Disabilities was set up to act as a forum to discuss any issue relating to people with disabilities. The Group has a DfEE Board member as a sponsor who acts as a direct link between the Group and the DfEE Board. The Positive about Disability symbol was adopted in April 1996. Its use has been reviewed to ensure that the system is working successfully. All the Department's Directorates develop and implement action plans to mainstream equal opportunities in all policies and services. The Department has undertaken surveys of all its headquarters sites in anticipation of the Act's provisions, it also considers carefully the impact of any works or alterations on its facilities and provision of services with regard to the Act. The Department has assessed its provision of information to include various media and has made its public inquiry point as accessible to people with disabilities as is practicable. Department for the Environment, Transport and the Regions Within the central core of the Department, a special working group was established to develop existing employment policy and ensure compliance with the provisions. Initially the group spearheaded an awareness programme which included the issue of a specific guide on the Act for all staff, training modules for practitioners, senior managers, and harassment contact officers; circulation of the DfEE videos, good practice information and questionnaires. The group was recently re-established with a new remit to update departmental guidance material and to consider wider issues such as disability in relation to Investors in People. As part of the Department's strategy on developing disability policy it has adopted the Positive About Disability Symbol; it operates a staff network for disabled staff; and it maintains a special budget for aids and equipment to assist disabled staff. The Department produced a legal and policy framework for the goods, facilities and services provisions which provided full details of the requirements of this part of the Act and how to comply. All Property Managers within the Department have received copies of the document and were asked to ensure they comply fully. They have been encouraged to undertake Access Audits of their properties and to plan actions appropriately. Foreign and Commonwealth Office All staff were informed by telegram of the introduction of the Act and its implications. A disabled persons officer co-ordinates reasonable adjustments for disabled staff. A budget is also available for the purchase of aids and equipment. A disability access audit of the FCO main building is being conducted. The FCO operates a guaranteed interview scheme for people with disabilities who meet the initial sift criteria. There is a requirement for Diplomatic Service recruits to be able to serve at any post overseas; this is not required of people with disabilities. A disability access audit has been carried out on the plans for the Public Information Centre currently under construction. Department of Health The Department cascaded details of the employment provisions of the Act to line managers in December 1996. In addition personnel officers received general disability awareness training and specific training on the Act. In terms of recruitment the Department's Job Specific Selection (JSS) process, introduced in August 1996, was based on fair and open competition in line with the Civil Service Commissioners Code. Recruitment panel members received training on JSS which covered equal opportunities and specifically disability issues. In addition, the Department is a Positive about Disability 395W symbol user. The Department has taken steps to monitor retention of staff with disabilities, and its main personnel functions are also monitored regularly for their equal opportunities performance. A network of harassment advisers was set up to give advice to staff, including for harassment or discrimination on grounds of disability. The Department also has a Disability Working Group, a staff reference group focusing on disability issues including the Act. The Department has made various adjustments to enable existing staff to be retained, for example supplying special computer equipment and secretarial support. For job applicants with disabilities application forms are made available in Braille, large print, and audio tape on request. At the interview stage, special arrangements can be made, for example using an induction loop for candidates with a hearing impairment. The Department makes publications available in Braille, audio tape and large print. They are generally distributed through agencies who have regular contact with those people who have special needs, including the sensorily impaired. Home Office Staff have been informed by notices and other publications of the provisions and implications of the Act including specific guidance on the duty of reasonable adjustment. Focus groups and workshops are used for two-way feedback. Disability awareness seminars have been held across the UK and awareness raising continues according to need, such as in relation to hearing impairments. Presentations by the Centre for Accessible Environments have been held for key staff on the physical features that need to be taken into account to make buildings accessible to staff with a range of disabilities. Enabling Technology at Work" seminars led by the Computability Centre have taken place and equal opportunities contact points provide advice to staff on all aspects of the Act, including DfEE and DSS booklets. The Home Office is a Positive about Disability symbol user. The Home Office has monitored effective implementation through a telephone survey: staff surveys will be carried out later this year to update existing data on the extent and nature of disability. Reasonable adjustments are made on request and signers are provided for meetings and interviews. Most conference rooms have permanent or portable induction loops. Internal communications have been available in large print and in Braille and audio cassette on request. Health and safety officers are aware of the need to take disabled staff into account when considering health and safety issues. Staff with mobility problems have personal evacuation plans in the event of emergencies. All major office buildings occupied by the Home Office have wheelchair accessible toilets. Where possible, access has been taken into account in refurbishment, and this also applies in the acquisition of new buildings. Evaluation criteria of tender bids take into account the requirements of the Act. Staff across the Department dealing with the public have received training on the service provisions. Publications are produced in alternative formats whenever practicable. Areas of the Home Office dealing directly with the public have minicom systems and members of staff trained in signed language skills. The Home Office Constitutional Unit, with disability organisations, is exploring ways of making the electoral process more accessible for disabled electors. A Working Party on Electoral Procedures has considered a number of proposals about improving procedures which affect disabled voters and has authorised work to take these forward. Department for International Development The Department's equal opportunities policy has been amended to reflect the provisions and staff have received training in its implications. A guide to the law on discrimination has been drawn up and made available to members of recruitment and promotion boards. Other measures include an access audit carried out for the Department by the Centre for Accessible Environments. Adjustments to premises include the installation of induction loops in conference rooms, visual fire alarm warnings, adaptation of toilet facilities and emergency evacuation chairs for people with mobility 396W impairments. Adjustments are also made in response to a number of individual needs. Testing and assessment materials have been modified for use by candidates with visual and hearing impairments. The Department has no significant involvement in the provision of goods, facilities and services to individual members of the public but these measures have also contributed to meeting its responsibilities towards disabled customers. Law Officers' Departments These Departments endeavour to meet the provisions by ensuring that all recruitment, induction, general development and promotion opportunities are free from discrimination. Consideration is given, where necessary, to adjustments to working environments to ensure the workplace permits disabled staff to perform their duties to the best of their ability. The Crown Prosecution Service has implemented a programme of modifications to the premises it occupies and new occupations and refurbishments take into account the requirements of the Act and reflect the needs of disabled users. Lord Chancellor's Office Detailed guidance has been supplied to all staff and a copy of the employment Code of Practice supplied to all senior managers. Further practical guidance on specific aspects of the Act, internal magazine articles and specialist videos have been widely circulated and guidance notes produced for welfare officers. Internal training courses and procedures for recruitment, induction, selection and appraisal, and a confidential questionnaire to staff have been reviewed and revised. An accommodation user group has been established which includes staff with disabilities. The Department has commissioned a set of studies throughout the Estate to ensure best practice for the future. These reports were received in February 1998 and are currently being analysed before a schedule of works is produced. Guidelines dealing with the provision of courtroom interpreters for deaf litigants and witnesses have been prepared. Northern Ireland Office The Equal Opportunities Unit of the Department of Finance and Personnel has issued a revised Code of Practice on the employment of people with disabilities in the Northern Ireland Civil Service. The main aim of the Code is to provide a framework to help Departments in Northern Ireland to achieve equality of opportunity for people with disabilities and to make full use of the skills and abilities that people with disabilities possess, through career development, training, opportunities for flexible working and the provision, where necessary, of adaptations to premises. equipment or support. A copy of the Code of Practice on access to goods, facilities, services and premises was issued to staff in Northern Ireland Departments with specific responsibility for the Act when the Code was published in Northern Ireland in December 1996. The then Permanent Secretary of the Department of Health and Social Services wrote to all Northern Ireland Permanent Secretaries about the new Act's duties enclosing a copy of the Code of Practice. In August 1996 all Northern Ireland Principal Establishment and Finance Officers and Principal Establishment Officers were alerted to the implications of the Act for Northern Ireland Departments as both employers and service providers. Scottish Office The Scottish Office set up a steering group to consider the implications of the provisions for all aspects of employment practices, including recruitment, career development, and promotion and dismissal. The Department has undertaken a survey of all staff, giving them the opportunity to self-declare any disability which meets the definition given by the Act. In promotion and recruitment the Department has extended to candidates who self-declare a disability the same support which was previously offered to registered disabled candidates in line with DDA requirements. Training on the Act and disability awareness, which was open to all staff, has been held. Staff with disabilities can also seek specialist support and equipment from a centrally held budget. 397W The Department has also carried out an access audit on all buildings in the Scottish Office estate. A programme of work has been drawn up to address the areas identified in this exercise. Works being carried out include fixed and portable induction loops for people hard of hearing; fixed and portable wheelchair ramps; automatic doors to some major buildings; tactile floor surfaces on stairways; providing disabled toilet facilities providing dedicated car parking spaces. All of these will benefit disabled customers as well as disabled staff. Work was started in 1996 and will continue on a rolling programme basis over the coming years. Department of Social Security The Department has examined its personnel policies and practices to make sure that they are not potentially discriminating and amending them as necessary to take account of the new legislation. It runs legal awareness seminars on the employment provisions of the Act for personnel staff across the Department as well as disability awareness sessions for staff covering the implications of the new legislation. Some business units are also undertaking staff disability surveys using the Disability Discrimination Act definition of disability. The Department has made all estates staff aware of the content and implications of the Act and of their role in establishing accommodation that is both accessible and suitable for disabled people. An increasing number of buildings occupied by the Department now fully meet the requirements of the new legislation. Now that the ownership and management of most of its buildings have transferred to the private sector, contracts are in place which will ensure that our private sector partners comply with the legislation. Department of Trade and Industry The Department has issued a notice to all staff setting out the main provisions of the Act and how it may impact on the Department's practices and procedures, providing examples of reasonable adjustments. Guidance material on staff appraisal and internal transfers includes examples of best practice in dealing with applications for promotions and transfers from staff with disabilities. Training liaison officers consider any special requirements which staff attending training events may require. The Department maintains an electronic noticeboard which covers disability issues. The Department has also established a Disability Group to co-ordinate issues affecting disabled staff and has established focus groups to discuss specific issues. Staff with disabilities are represented on Building User Groups. Central budgets are available to provide adaptations to equipment and information technology. The Department's Inquiry Unit has a textphone and guidance has been issued to all managers about what they can do to ensure that publications are more accessible to a disabled audience. It has arranged for access surveys to be carried out by RADAR on all DTI headquarters buildings and is currently following up the recommendations as appropriate. The Department has also established a Disability Group to co-ordinate issues affecting disabled people including building access, access to information services and services open to the public. HM Treasury HM Treasury keeps under constant review all recruitment, accommodation and employment arrangements and is doing so in light of the Act. Action taken so far includes raising awareness with the issue of information to all staff about the employment provisions of the Act, reminding staff of the services of the disabled persons officer and the support which is available and announcing the launch of the Bursary Scheme for Civil Servants with disabilities and inviting all eligible staff to apply. A full disability audit was conducted to identify which employees are, or may be, disabled persons under the terms of the Act and a re-survey will be undertaken soon to try to improve response rates. The Department is also considering a full audit of the physical features of the buildings used by the department to identify any features which may place disabled staff or visitors at a disadvantage. Meanwhile, it has installed evac-chairs in both buildings and in its main building increased the number of disabled car parking spaces 398W available. Evacuation procedures relating to disabled persons have been revised. Standing instructions on recruitment have been revised to provide for the needs of disabled candidates. Application forms, with specific reference to identifying the needs of disabled candidates, and monitoring procedures covering recruitment, appraisal, postings, and promotion have been revised to reflect the new definitions of disability under the Act. HM Treasury has notified all staff of their obligations under the Act in the provision of services to the public and their needs will be addressed in the access audits undertaken. Inland Revenue A major task has been systematically to review personnel policies and practices to ensure that the Act's provisions are met. Additionally, a project team of key personnel was established; the Positive about Disability symbol introduced; disabled persons' officers established to provide support and guidance to disabled people, their managers and colleagues. A disability survey was carried out in 1995 and personnel procedures and practices are monitored to ensure they do not impact adversely on disabled people. Model competence-based schemes have been introduced for recruitment at junior levels. A disability strategy and related programme of action being developed should ensure that disability issues are dealt with in a pro-active manner and employer responsibilities are fulfilled. Regular articles in departmental publications inform employees of developments and build awareness of their responsibilities. A guide for all employees helps them understand the implications of the legislation and their individual responsibilities. The Inland Revenue has been taking steps to meet its current obligations under Part III of the Disability Discrimination Act 1995 and to prepare for its future obligations to make adjustments. Qualitative research into the needs of disabled customers has been completed which has been used to inform policy and the Department is working towards a written policy statement on services to disabled customers. All new buildings will provide a range of facilities for disabled people. Existing buildings are being audited for disability access, and such items as induction loops provided to help people with hearing problems as part of any modernisation or refurbishment programme. If a disabled taxpayer is unable to visit his/her local Tax Inquiry Centre, or if the building is not accessible, an appointment can be made to see the taxpayer at an outreach clinic, of if necessary, the taxpayer can be visited at home. The Inland Revenue introduced a Departmental Braille service in 1996 to provide letters for blind customers. It has also produced guidance to staff on how to use large print and audio cassette formats in letters to blind and partially sighted taxpayers. The Department has produced four leaflets in Braille, large print and audio tape and is currently reviewing the possibility of greatly extending this. The Department has also issued guidance to staff on how to help disabled taxpayers fill in their tax forms. Within Revenue offices, private interview rooms or a quiet room elsewhere in the building can be provided for those with hearing difficulties. Whilst it is not yet a requirement of the Disability Discrimination Act, the Department is working towards providing signers for those taxpayers who wish to use British Sign Language. HM Customs & Excise All staff were informed of the DDA provisions and the Department's equal opportunities policy. Personnel policies affecting recruitment, conditions of service and appointment, as well as equal opportunities trainer awareness and other courses have been amended to reflect the requirements of the Act. Legal seminars were given to equal opportunities officers and disabled persons officers on interpretation and practice of new provisions of the Act and briefings given to staff assistance officers and other personnel practitioners. The employment Code of Practice and Guidance on disability issues has been issued to personnel practitioners. The Department is a Positive about Disability symbol user. Relevant provisions relating to services are incorporated into the Department's equal opportunities policy and also policy areas affecting estate management and publication of information for 399W customers. Equal opportunities policy staff are trained in the provisions of the Act. A new Departmental policy on the provision of alternative formats of published information for customers with disabilities has been developed. An access programme is undertaken of all offices and buildings wherever practicable and an access audit pack was developed with the Centre for Accessible Environments. Welsh Office The Welsh Office reviewed its personnel policies and procedures and amended them where necessary to reflect the requirements of the Act and the employment Code of Practice. Those staff involved with the provision of goods, facilities and services have been informed of the requirements of the Disability Discrimination Act 1995. Forestry Commission The Forestry Commission has introduced a wide range of measures to implement the provisions, covering issues such as recruitment, training, equal opportunities, career development, promotion, grievances, accommodation and technical support. The Forestry Commission ensures that all new recreational facilities it provides have access for the disabled, and many of its existing facilities such as holiday cabins and visitor centres already have such access. The Commission is also an active participant in the BT "Countryside for All" initiative and has just published a gazetteer which shows the location of all facilities where easy access is provided.