Equality Bill

I agree that we need to look at all these matters carefully, and I welcome the hon. Gentleman's intervention. I shall focus on the disability provisions, but there are three general issues that I want to raise. First, I strongly support the extension of the rights of older people facing discrimination in goods and services. That is good news for older people, which of course means it is good news for many disabled people and many carers as well. It is terrible news for the organisation referred to earlier, but good news for such people. Secondly, the more effective use of public procurement for delivering equality is to be welcomed. Thirdly, the empowerment of employment tribunals to make wider recommendations to stop future discrimination in employment is also welcome. I may say a little more about that in a moment. In relation to disability, there has been significant progress in recent years. Ten per cent. more disabled people are in employment than 10 years ago. Many service providers now provide a more accessible environment, but sadly it is still the case that disabled people are twice as likely to be unemployed as non-disabled people, twice as likely to lack qualifications as non-disabled people, and twice as likely to live in poverty. There has been progress, but there is still a long way to go. In relation to disability issues, the Bill should be tested against three criteria. The first, as I said, is that the Bill is in large measure about harmonisation, but it must ensure that the distinctive aspects of the DDA are not lost, in particular the fundamental principle that equality for disabled people is emphatically not about equal treatment. It is about different treatment to produce equal opportunity. Secondly, gaps in existing legislation must be plugged. There are still areas where discriminatory legislation is condoned, such as, yet again, the Ministry of Defence's exemption from the employment provisions of the DDA. Goodness gracious me. The third point is that enforcement is a real issue. Hon. Members are right when they say that passing legislation itself is not enough. There are important questions that need to be asked about the best ways to enforce that legislation. Let me say a few words about each of those things. As the hon. Member for Daventry said, the DDA differs fundamentally from other forms of anti-discrimination legislation. It is asymmetric. It creates rights for disabled people to be protected against discrimination, without a corresponding right for non-disabled people. Treating disabled people the same as non-disabled people will not deliver equality. Wheelchair users do not experience equal opportunities by being treated the same way as non-wheelchair uses. Women with learning disabilities are less likely to use breast-screening services. That is a matter of fact. This is likely to arise not as a result of direct discrimination, but as a result of the provision of information in exactly the same way as it is provided for those without learning disabilities. That is why the public sector duty, introduced in effect in December 2006, required health authorities as public authorities to do something about such situations. If it is observed that some patients are not accessing a service equally, questions need to be asked about what can be done to give them equal access. The fundamental distinction in disability discrimination legislation is the recognition of the need for more favourable treatment—in specific ways—for disabled people. As I read the Bill, I think that it contains a recognition of the importance of more favourable treatment, but I would like an assurance from Ministers that the new public sector duty indeed addresses that issue and would in no way dilute the provision in the DDA. I welcome the many areas where the Bill will extend rights for disabled people. For example, it will extend protection against direct discrimination and harassment to people who are perceived to have a disability and to those associated with someone who has a disability. Some of us remember the debates about the DDA in 1995 and the Americans with Disabilities Act— a wonderful piece of legislation that we aspired to emulate. It made specific reference to protection from discrimination for those perceived as having a disability. The argument is obvious: if someone is discriminated against by, for example, an employer, because he or she thinks that that person has a disability, and the person turns out not to have a disability, the employer has done nothing wrong. That is a bit daft. Similarly, if a carer for someone with a disability is discriminated against by an employer or a service provider for that reason, that is surely wrong—that was the issue in the Sharon Coleman case. I therefore welcome those improvements. I welcome the fact that the provisions on age discrimination in relation to access to goods and services will help older people and therefore many disabled people. I also welcome the duty on landlords and management companies to make reasonable adjustments in relation to communal areas, such as hallways and stairs. I also welcome the fact that political parties will be allowed to do more to enable disabled people and others to seek selection as candidates. I congratulate Mr. Speaker on the Speaker's Conference on these issues. Indeed, the vice chair of the conference is in her place—