Equality Bill

My Lords, with the agreement of the House and at the request of the noble Baroness, Lady Campbell, I continue her speech. The current disability equality duty is clear and much more directional. It says that public bodies must meet disabled people's different needs even where this involves more favourable treatment. Only by restoring this fundamental provision can we be assured that disability equality is safe within a single duty. Many public sector organisations have said how useful this format has been when drawing up their disability equality schemes, and that it has been the reason for their successful implementation. I am pleased to note that the Joint Committee on Human Rights is in full agreement on that point. Let us not reel back on this in this Bill. I must also sound the alarm on provisions in the Bill on reasonable adjustments for disabled people. The DDA is absolutely clear that it is unlawful for a service provider to charge a disabled person for making a reasonable adjustment. The classic case that noble Lords will remember is that of Bob Ross v Ryanair, a case that the Disability Rights Commission supported back in 2004. Ryanair tried to charge Mr. Ross £18 for use of a wheelchair to get from check-in at Stansted airport to the plane. The DDA was so clear on this point that the principle of not charging was readily confirmed by the Court of Appeal. Providers of goods and services such as Mr O'Leary need this sharp clarity, which is currently missing from the Equality Bill. I have been told not to worry because the relevant Code of Practice will clarify this point. Service providers will be told it may not be lawful for them to pass on the costs of reasonable adjustments, the clarity therefore being lost. This is just not good enough. Disabled people need to know where we stand. There must be no regression. The Bill also creates the potential for regression on reasonable adjustments for exams and in immigration, when a new exception is proposed. It could lead to disabled people with serious illnesses being denied entry to or leave to remain in the UK. They could risk being deported back to countries where conditions may be life-threatening. This is in contravention of the most basic human rights and cannot be right. I am confident that we can address those outstanding issues within the limited time frame that we have to secure the Bill, which is truly a landmark for equality.