§ Mr. BakerTo ask the Secretary of State for Education and Employment if he will make a statement on the implications for owners and occupiers of listed buildings used for trading purposes of the decision to implement fully the Disability Discrimination Act 1995; what the total cost to business will be and over what timescale; and if he will make a statement.[84426]
§ Ms HodgeWhen fully implemented, the Disability Discrimination Act 1995 will require service providers to make adjustments, where reasonable, so that their services are accessible to disabled people. These requirements are being introduced in two phases. They will apply to service providers in listed buildings.
From 1 October, service providers will have to take reasonable steps to change practices, policies or procedures which make it impossible or unreasonably difficult for disabled people to use a service; to provide auxiliary aids or services which would make it easier for, or enable, disabled people to use a service; and to provide the service by a reasonable alternative method where a physical feature makes it impossible or unreasonably difficult for disabled people to use the service. From 2004, service providers will have to take reasonable steps to 388W remove, alter, or provide reasonable means of avoiding physical features that make it impossible or unreasonably difficult for disabled people to use a service.
Planning Policy Guidance Note (PPG 15) issued by the Department of the Environment, Transport and the Regions makes it clear that
it is important in principle that disabled people should have dignified easy access to and within historic buildings",and that with a proper approachit should normally be possible to plan suitable access for disabled people without compromising a building's special interest".English Heritage's booklet "Easy Access to Historic Properties" is designed to help those who own, manage, or are professionally concerned with historic properties to strike a balance between conservation and access.
The Disability Discrimination Act, in common with the Sex Discrimination Act 1975 and the Race Relations Act cannot require anything to be done that would contravene another piece of legislation. Where a service provider must get statutory consent to a particular alteration, including listed building or scheduled monument consent, and that consent is not given, the Disability Discrimination Act will not have been contravened. However, a service provider would still need to take whatever other steps under the Act were reasonable to provide the service.
At the end of June, we shall be publishing a new Code of Practice which explains the duties coming into force in October as well as the current rights under the Disability Discrimination Act, and which gives examples of good practice. In due course, a public consultation exercise will be held in respect of a revised Code explaining the duties which are due to come into force in 2004.
The Government's assessment of the costs, and benefits, of implementing the later rights in Part III of the Disability Discrimination Act are contained in the Regulatory Impact Assessment, copies of which are in the Library. It is also available on the disability website: www.disability.gov.uk.