21 July 2005 - Making a reality of rights for millions: timescale for new disability laws announced
New disability rights will come into force from December this year and protect millions of people in Britain from discrimination – the Government said today.
These will deliver and extend enforceable rights for disabled people who have had to put up with discrimination and resulting disadvantage all too often.
Landlords, private clubs, transport and qualification bodies will come under the scope of the Disability Discrimination Act (DDA) 2005. Government departments, local authorities and public bodies will lead by example with a specific duty to integrate the needs of disabled people into their policies and plans from the outset.
As the DDA 2005 implementation timetable was laid in Parliament today, Minister for Disabled People, Anne McGuire, said:
‘’Disabled people can at last rely on strong enforceable rights and confidently challenge acts of unfair discrimination – which until now they’ve had to tolerate. The Government has fulfilled its promise to improve rights for disabled people. Now we will make sure these rights become a reality.
‘’There is much to benefit from an inclusive society. Employers and service providers are already reaping the business rewards of a diverse workforce and customer base – and increased accessibility means more cash in tills. Other sectors soon to be covered by the Act can only stand to gain’’.
The Act will also extend its protection to people with HIV, multiple sclerosis and all types of cancers, effectively from the point of diagnosis.
Anne McGuire continued:
‘’We have consulted and listened, and have concluded that covering all cancers makes business sense and will provide clear protection for individuals’’.
Chair of the Disability Rights Commission, Bert Massie, agreed:
''The Government's decision to cover all people with cancer makes good, practical common sense - the law is straightforward to understand, explain and apply. People with cancer will know what their rights are.
''This is also good news for the business community. It will be clear to employers when and how the Act applies to them. This will be important to small and medium enterprises where minimising red tape is vital."
Notes to editors:
- The Disability Discrimination Act (DDA) 2005 reached the statute book on 7 April 2005 and extends the DDA 1995. It fulfilled the Government’s manifesto commitment to extend rights for disabled people. For more information go to www.dwp.gov.uk/mediacentre/pressreleases/2005/apr/dda_royal_assent.asp
- Under the DDA 1995, from 1 October 2004, anyone providing a service to the public has needed to tackle physical barriers to disabled people accessing their services. In addition, small employers had for the first time the same duties towards disabled staff as larger firms. This means not discriminating against employees or potential employees on grounds of disability and making reasonable adjustments for them.
- For duties commence on 5 December 2005 and 4 December 2006 see timetable below or visit www.dwp.gsi.gov.uk for the written statement.
- The DDA 2005 includes the public sector disability duty. This will, from December 2006, require public bodies to carry out their functions with ‘due regard’ to the need to, eliminate discrimination against and harassment of disabled people, promote greater equality for disabled people, promote positive attitudes to disabled people; and, encourage disabled people to participate in public life. The disability equality duty is broadly similar to the race equality duty introduced by the Race Relations (Amendment) Act 2000. An equivalent gender equality duty is contained in the Equality Bill currently before Parliament.
- The Disability Rights Commission will be revising the existing code of Practice which gives practical guidance on the Disability Discrimination Act to providers of goods services and facilities to include the new duties on landlords and private clubs. There will be a period of public consultation before the revised code is finalised and laid before Parliament for approval.
- The Government has decided to treat people with any type of cancer as a disabled person for the purposes of the DDA, effectively from the point they are diagnosed. This follows the public consultation on the Government’s proposed approach to the use of regulation-making powers in the DDA 2005 and a review of evidence of disability discrimination against people with cancers not likely to require substantial treatment .This review was carried out with the Disability Rights Commission and cancer organisations. We concluded that it was impractical to expect employers and service providers to make complex medical assessments before understanding if a person who has cancer is covered by the DDA.
- There are around 10 million people in Britain covered by the DDA. The DDA defines disability as a physical or mental impairment which has a substantial and long-term adverse effect on the ability to carry out normal day-to-day activities. The estimated number of adults in Britain covered by this definition is 9.8 million.
- There are 6.9 million disabled people of working age (16-59/64) in Great Britain accounting for nearly a fifth of the working age population; 50% of disabled people of working age are in work, compared to 81% of non-disabled people (the employment rate of all employees is 75%); The income of disabled people is, on average, less than half that of non-disabled people.
For press enquiries contact: Fiona Ludlow DWP Press Office 020 7238 0782
Press office media enquiries: 020 7238 0866 (telephone) 020 7238 0788 (textphone)
Out of hours: 07659 108 883, Public enquiries: 020 7712 2171
Websites: www.dwp.gov.uk, www.drc-gb.org.uk
DDA 2005 implementation timescale
| Commencement Date | Provision/s |
| 5 December 2005 | Extend the DDA 1995 to cover, effectively from the point of diagnosis, people with HIV infection, cancer or multiple sclerosis. End the requirement that a mental illness must be “clinically well-recognised” before it can be regarded as an impairment under the DDA 1995. Make third party publishers (e.g. newspapers) liable for publishing discriminatory advertisements. Amend the way that the DDA 1995 applies to group insurance to clarify the responsibilities of those concerned with its provisions. Introduce for Part 3 of the DDA 1995 (i.e. access to goods and services, public authorities, private clubs and premises) a Questions Procedure similar to that which already exists in Part 2 (i.e. employment and occupation). Make it unlawful for private clubs with 25 or more members to treat disabled people less favourably. Make it unlawful for local authorities and the Greater London Authority to treat their disabled members less favourably. Clarify where liability falls if police officers discriminate under Part 3 of the DDA 1995 |
| 4 December 2006 | Duty on public authorities to promote equality of opportunity for disabled people. Functions of public authorities not already covered by the DDA 1995 to be brought within its scope. Land based public transport vehicles to be brought within scope of Part 3 of the DDA 1995. Provide for all rail vehicles to comply with rail vehicle accessibility regulations by 1 January 2020, apply accessibility regulations to refurbishment of rail vehicles and introduce certification and enforcement provisions. Subject to consultation, formalise recognition of disabled persons’ parking badges issued by other countries. Extend the duty of reasonable adjustment, other than in respect of physical features, to those who let or manage rented premises, and to commonhold premises. Ensure landlords cannot unreasonably withhold consent for a disability-related improvement to certain rented dwelling houses. Extend duties of reasonable adjustment to private clubs with 25 or more members. Extend duties of reasonable adjustment to local authorities and the Greater London Authority in respect of their disabled members. |