Equality Bill

My Lords, I would like to begin by speaking to my amendments while I still have the puff. Then I would like to make a few comments on the other amendments in this group. The noble Baroness, Lady Wilkins, will assist me, as the usual channels have agreed, and we will see how far I can get. I am extremely pleased to speak to Amendments 109CA and 109CB. They address what is for me the holy grail of the Equality Bill—the public sector equality duty. They provide that, in having due regard to the need to advance equality of opportunity, a public body must give consideration to the fact that meeting the needs of disabled people may, in particular, involve taking steps to take account of their disabilities. This specific requirement is missing from Clause 148 as it stands, giving rise to well-founded fears of potential regression in the rights of disabled people. I should explain that this amendment is the product of lengthy discussions between me, the Disability Charities Consortium and our legal advisers on the one hand, and the Government on the other. Together we have spent a great deal of time working out the best way of avoiding any regression from the disability equality duty on this vital point. I am delighted to say that there has been a meeting of minds and that this amendment is supported by the Equality and Human Rights Commission, the disability lobby, including the disability discrimination experts, and the Government. Yes, it can happen. I am therefore very hopeful that the Government will accept this amendment. It is a huge breakthrough and I extend my sincere thanks to all involved. I hope that the Committee will allow me to explain in more detail why the amendment is so vital and what it will mean in practice. Clause 148, as drafted, requires public authorities to have due regard to meeting the needs of different groups and says that this may involve more favourable treatment, but only to the extent permitted by other parts of the Bill. However, this makes no explicit mention of the differentiation between the approach to disability and the approach to the other protected characteristics. What is required in meeting the needs of disabled people is vastly different from what is required for other groups. For example, a deaf user of British sign language who requires a sign language interpreter cannot have his or her needs resolved through alternative means, in the way that, for example, a hearing person with limited English could, by taking English lessons to resolve the problem. A blind person cannot learn to read standard print to access information. A wheelchair user cannot use transport in the way that a non-wheelchair user can. Because of this, the law currently requires public authorities to have due regard to the need to take account of disabled persons’ disabilities, even where that involves treating disabled people more favourably. Tonight I have a table. It suddenly appeared from nowhere. This is because I have a special requirement because I cannot hold papers. I do not think that anyone else requires that; it is specific to my disability. So thank you, the House. As I have repeatedly explained to all those I meet, equality does not mean treating everyone the same; it means providing an environment where we can all access life’s opportunities equally. Reasonable adjustments tailored to our particular disability-related needs lie at the heart of disability equality. Without them, we are marginalised at the fringes of society.