Introducing The UK Disability Rights Commission

By Simon Minty (simonminty@compuserve.com)

When the Disability Discrimination Act (DDA) came into force in the UK in December 1995 it was very much welcomed. Its introduction was a result of years of campaigning by disabled groups and their representatives. It was seen as recognition that disabled people were unfairly discriminated against in terms of employment and in accessing goods and services. The introduction of protective legislation was no mean feat either and was difficult to achieve with both the business communities and the government dragging their heels.

Sadly the legislation did not go as far as disability groups wanted. Concessions were made in the Act which weakened it, and frustrated campaigners felt that the DDA was a gesture more than it was anti-discrimination. The Act contained the notion of 'reasonable adjustments', (similar to the 'reasonable accommodations' in the American's with Disabilities Act 1990). Crudely put, this notion meant if it was deemed unreasonable for an employer or service provider to make adjustments to enable a disabled person to gain employment or access their service, it was legal to not do so. Defining reasonable and who decides what is and what isn't reasonable was considered to be difficult and potentially unfair. Whilst 'reasonable' was to be measured in terms of disruption to the work practices, staffing, premises and so on, it also gave rise to the direct link of how much will it cost. Therefore would reasonableness be decided in financial terms?

Demand for Stronger Oversight
Another area that was deemed weak in the legislation was the overseeing body. With other Equal Opportunity legislation there was the Commission for Racial Equality and the Sex Discrimination Legislation had an equally powerful and respected overseeing group. The DDA had the National Disability Council (NDC). Whilst the NDC aims were true, it had little effective power and its weakened remit marked a distinctive contrast with the other Equal Opportunities legislation's recognition.

Thankfully, this particular difference has gone some way towards being rectified. As from 31st March 2000, there now exists the Disability Rights Commission (DRC). The Commission's Board are made up of the Chair Bert Massie, the CEO, Bob Niven and fourteen Commissioners from fields of non-profit organisations, business, trades unions, freelance consultancy, academia and the media, the commission is finding it's feet.  With 9 of the Commissioners being disabled, the DRC has the opportunity to make some headway in ensuring the DDA become the legislative "Jaws" that disabled people wanted; that is, getting some real teeth!

David Blunkett, Education and Employment Secretary in the UK appointed the Commissioners to the Board. Disabled himself, by being visually impaired since birth, Mr Blunkett is a living example of how disabled people can achieve and work effectively in senior positions, given assistance where necessary. Although he has gone on record to say that he is not 'disabled but inconvenienced' by his impairment! At the launch of the Commission, Mr Blunkett said, "The appointment of the first set of commissioners for the DRC is...another step forward in achieving our goal of comprehensive civil rights for disabled people...I am confident that they will bring a wealth of new ideas and perspectives to the work of this long-awaited Commission."

The Commission's Chair, Mr Bert Massie, is a wheelchair user involved in disability issues since the 1960's. He served most recently as the Director of Royal Association for Disability and Rehabiilitation. He is a member on the Commission for Social Justice and sits on many other non-governmental organisation boards. Exactly how he will balance his numerous posts wasn't explained but at the launch he did say, "The appointment of the commissioners marks a most significant step in the establishment of the Disability Rights Commission and towards greater inclusion of disabled people in all aspects of society. Collectively they bring to the Commission, experience and knowledge of the needs and aspirations of disabled people, of large and small businesses, the trade union movement and national and local government. Working with them will be stimulating, exciting and productive. I am looking forward to it."

In essence the DRC role has been set out as follows: "An independent body that will work towards the elimination of discrimination against - and equalise opportunities for - people with disabilities. It will also promote good practice to employers and service providers, provide advice and information and advise the Government about the implementation of the Disability Discrimination Act 1995."

The following introductory section of the Bill establishing the Commission gives an overview of its method of work."

A BILL [AS AMENDED IN STANDING COMMITTEE F] TO
Establish a Disability Rights Commission and make provision as to its functions; and for connected purposes.
BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-

The Disability Rights Commission.
1. - (1) There shall be a body known as the Disability Rights Commission (referred to in this Act as "the Commission").
   - (2) The Secretary of State shall pay to the Commission such sums as he thinks fit to enable it to meet its expenses.
    -(3) Schedule 1 (the Commission's constitution and related matters) has effect.
    -(4) The National Disability Council (which is superseded by the Commission) is abolished.
 

General functions.
2. - (1) The Commission shall have the following duties-
(a) to work towards the elimination of discrimination against disabled persons;
(b) to promote the equalisation of opportunities for disabled persons;
(c) to take such steps as it considers appropriate with a view to encouraging good practice in the treatment of disabled persons; and
(d) to keep under review the working of the Disability Discrimination Act 1995 (referred to in this Act as "the 1995 Act") and this Act.

 (2) The Commission may, for any purpose connected with the performance of its functions-
(a) make proposals or give other advice to any Minister of the Crown as to any aspect of the law or a proposed change to the law;
(b) make proposals or give other advice to any Government agency or other public authority as to the practical application of any law;
(c) undertake, or arrange for or support (whether financially or otherwise) the carrying out of research or the provision of advice or information.

Nothing in this subsection is to be regarded as limiting the Commission's powers.

 (3) The Commission shall make proposals or give other advice under subsection (2)(a) on any matter specified in a request from a Minister of the Crown.
 (4) The Commission may make charges for facilities or services made available by it for any purpose.
 (5) In this section-
"disabled persons" includes persons who have had a disability;
"discrimination" means anything which is discrimination for the purposes of any provision of Part II or Part III of the 1995 Act; and
"the law" includes Community law and the international obligations of the United Kingdom.

Formal investigations.
3. - (1) The Commission may decide to conduct a formal investigation for any purpose connected with the performance of its duties under section 2(1).
 (2) The Commission shall conduct a formal investigation if directed to do so by the Secretary of State for any such purpose.
 (3) The Commission may at any time decide to stop or to suspend the conduct of a formal investigation; but any such decision requires the approval of the Secretary of State if the investigation is being conducted in pursuance of a direction under subsection (2).
 (4) The Commission may, as respects any formal investigation which it has decided or been directed to conduct-
(a) nominate one or more commissioners, with or without one or more additional commissioners appointed for the purposes of the investigation, to conduct the investigation on its behalf; and
(b) authorise those persons to exercise such of its functions in relation to the investigation (which may include drawing up or revising terms of reference) as it may determine.
 (5) Schedule 2 (appointment and tenure of office of additional commissioners) and Schedule 3 (so far as relating to the conduct of formal investigations) have effect.