Local Democracy, Economic Development and Construction Bill [HL]

I fully concur with the spirit of the amendments tabled by the noble Lord, Lord Low. As always, he puts his case very powerfully. A fundamental principle behind the duty to promote democracy is to ensure that information is made available to those who seek it and promoted to sections of the community who are less engaged and under represented in the democratic process. We know that disabled people are under represented and it is important to address that deficit. Amendments 9 and 30 seek to include a specific reference in the provision of accessible information to disabled people. The noble Lord has already raised the issue and although he is not as satisfied as he could be, he will be well aware that the Disability Discrimination Act already requires public authorities, including local authorities, to make reasonable adjustments for disabled people when providing services and delivering their functions. These duties include the requirement to provide ““auxiliary aids and services””; for example, information in accessible formats, where it is reasonable to do so, such as Braille, large print or audio tape. The expectation of this duty is that local authorities will, through their promotional work, target all local people, with an extra focus on under-represented and/or hard-to-reach groups such as disabled people. To strengthen this focus, we will be specifying this in the guidance, as well as explaining how the duties fit with other equality duties. Part of this promotional activity will necessitate that arrangements and information are made available in a form that best meets the requirements of a particular individual or group. The amendments require that disabled persons are referred to in the legislation. Of course, disabled people are only one of a number of under-represented or hard-to-reach groups as regards local democratic arrangements. The Government believe that it would not be practical or helpful to list what they believe to be under-represented groups. This may vary from area to area or service provision to service provision. For example, a minority ethnic group may be under-represented in one local area but not in another. We would expect local services specifically for disabled people to have good involvement from that group in its decision-making processes. The Government believe that local authorities are best placed to understand the nature and circumstances of their community and the needs of local people. The duty is currently drafted to require local authorities to provide information to local people. ““Local people”” are defined as people who live, work or study in the area. This means all such people including disabled people. The statutory guidance which will support the Bill, to which local authorities must under Clause 6 have regard, ensures that the provision of information to hard-to-reach groups including disabled people is addressed. The guidance will be explicit in that there is an expectation on local authorities to make arrangements and provide information in a way that best meets the needs of specific groups; for example, the hearing impaired and people with learning disabilities. The noble Lord raises a crucial point. We would be happy to have his direct involvement, his experience and expertise in the drafting of the guidance for this area, as well as the expertise of key stakeholders with whom we will consult. Amendment 73 will require local authorities to produce annual reports on the information which has been made public or available, but which was not made available in alternative formats. I understand that the noble Lord sees this as a discipline on local authorities, but our reading is that it would impose an unnecessary bureaucratic process and therefore an additional burden on local authorities without necessarily making more information more accessible to disabled people in alternative formats. We have to trust local authorities and their track record. In practice, they will proactively make alternative formats available and alternative arrangements for access as a matter of course. It is important that any alternative arrangements are proportionate and reasonable. Therefore, the Government believe that local authorities are best placed to determine what is appropriate for local circumstances and what arrangements will best meet their objectives. The Disability Discrimination Act recognises that there is a balance to be struck between the requirements of disabled people and the interests of the service provider. Therefore, service providers are required only to make adjustments that are reasonable given all the circumstances. I hope that the noble Lord is more reassured that our intention is that the guidance will ensure that disabled people, along with other hard-to-reach groups, are equally and properly served by this new legislation. I hope therefore that he is willing to withdraw his amendment and to take up the offer, alongside others, to be involved with the guidance on this area.