Equality Commission’s proposals for reform of the disability legislation, published earlier this year, include: simplifying and bringing consistency to the legislation; improving protection against different types of discrimination, taking account of developments in case law; updating the definition of disability to reflect the social model and removing the list of capacities; providing protection for carers of people with disabilities and those perceived as being disabled; providing protection against harassment in accessing goods, facilities and services; prohibiting pre-employment disability questions, except in specific circumstances; extending to schools the duty on further and higher education to provide auxiliary aids and services; providing additional reasonable protections for disabled tenants. Supporting Information The Equality Commission has also recently published an expert briefing on the impact of the House of Lords decision in the Malcolm Case. The briefing concludes that the decision has had a significant negative effect on disabled people and disability law in NI. Adoption of these recommendations would ensure that Northern Ireland equality law does not lag behind improvements which have already taken place in Great Britain or are due to be implemented following the passing into law of the Equality Act 2010 which has significantly harmonised and strengthened disability equality law. By simplifying the law and ensuring greater consistency between disability equality law in Great Britain and Northern Ireland, the proposed changes will make it easier for employers, public bodies and service providers (including those who operate both in Great Britain and Northern Ireland).
Equality Commission’s proposals for reform of the disability legislation, published earlier this year, include: simplifying and bringing consistency to the legislation; improving protection against different types of discrimination, taking account of developments in case law; updating the definition of disability to reflect the social model and removing the list of capacities; providing protection for carers of people with disabilities and those perceived as being disabled; providing protection against harassment in accessing goods, facilities and services; prohibiting pre-employment disability questions, except in specific circumstances; extending to schools the duty on further and higher education to provide auxiliary aids and services; providing additional reasonable protections for disabled tenants. Supporting Information The Equality Commission has also recently published an expert briefing on the impact of the House of Lords decision in the Malcolm Case. The briefing concludes that the decision has had a significant negative effect on disabled people and disability law in NI. Adoption of these recommendations would ensure that Northern Ireland equality law does not lag behind improvements which have already taken place in Great Britain or are due to be implemented following the passing into law of the Equality Act 2010 which has significantly harmonised and strengthened disability equality law. By simplifying the law and ensuring greater consistency between disability equality law in Great Britain and Northern Ireland, the proposed changes will make it easier for employers, public bodies and service providers (including those who operate both in Great Britain and Northern Ireland).
IMNI_Response_DraftDisabiltyStrategy_v1_310712.docx