Welfare Reform Bill

Well into the middle of the Minister’s answer, I was worried that it was a purely personal departmental answer. But then he crossed through the barrier of the problems with employers. I agree with the noble Baroness that the publication and expansion of Access to Work would be a good way of getting round the particular problems that she and I have identified. The extraordinary thing is that, as was discussedin Committee in the Commons, the drafting of Clauses 8 and 9 is completely at odds with the definition of disability that the Government have effectively adopted with their acceptance of the strategy unit's report, Improving the Life Chances of Disabled People. The report states: "““Disability is defined for this project as the disadvantage experienced by an individual as a result of barriers (attitudinal, physical, etc.) that impact on people with impairments and/or ill-health””." Does not the wording also run counter to the most progressive example of a legal definition of disability as given in the Canadian Employment EquityAct 1995? This provides that ““persons with disabilities”” means persons who have a long-term or recurring physical, mental, sensory, psychiatric or learning impairment and who, "““a) consider themselves to be disadvantaged in employment by reason of that impairment, or""b) believe that an employer or potential employer is likely to consider them to be disadvantaged in employment by reason of that impairment””," such as the example I gave earlier of the inner city council. The definition continues: "““c) and includes persons whose functional limitations owing to their impairment have been accommodated in their current job or workplace””." ““On the grounds of”” is a concept that is also found in European framework directive 2000/78 which establishes a general framework for equal treatment in employment. The result of my thinking on this is that labour market disadvantage and limitation on the grounds of physical and mental functioning are two entirely different concepts. The arguments put forward by the Government for not adopting the concept of labour market disadvantage do not apply to the idea of limitation being on the grounds of physical and/or mental health functioning. I shall have to think deeply about where I shall go with the amendment on what we might call the supply side of the Bill. For the moment, I can do no more, unless the Minister is poised to intervene.