Equality Bill

My Lords, Amendment 57B makes more active the requirement to make reasonable adjustments for those with disabilities. We have tabled this amendment to probe the issue of reasonable adjustments for those people with disabilities. Amendment 57B increases the strength of the duty in Schedule 2. As the Bill stands, the duty states that where, ""a physical feature puts a disabled person at a substantial disadvantage in relation to a relevant matter in comparison with persons who are not disabled"," then reasonable steps should be taken to avoid that disadvantage. In paragraph 2(3) of Schedule 2, this is then defined as, ""(a) to avoid the disadvantage, or""(b) to adopt a reasonable alternative method of providing the service or exercising the function"." Our amendment would alter this provision so that reasonable adjustments such as, ""to remove the feature, or … to alter the feature, or … to provide a reasonable means of avoiding the feature"," would also be options that would have to be taken into account. We have tabled these amendments to probe the area of reasonable adjustments and auxiliary aids. We are just looking for some clarity. The Bill as it stands shows that the Government are clearly concerned that some reasonable adjustments should be made, and we welcome this provision. However, can the Minister tell the Committee whether any assessment has been made of the cost of such a provision? Furthermore, can she give us an example of an adjustment that would pass the reasonable test and an adjustment that would be considered as going beyond the call of legislation? Does the Minister think that there is the possibility that these provisions could be interpreted as too passive? They ask only that there should be a way of getting around the disadvantage or an alternative method to provide the service. As they stand, therefore, reasonable adjustments here may mean that disabled persons are only accommodated rather than actively welcomed. Will there be guidance on how the schedule should be interpreted? What might the impact be on a small shopkeeper who has a shop with a narrow entrance and several stairs? How far would the duty extend? I beg to move.