PublicPolicy Bulletin
24 September 20 November 2003
Early Day Motions
Shortcutsstraight to item sections.
1) Announcement on creation of Commission forEquality and
Human Rights.
Detailsof the announcement and nextsteps
LiberalDemocrats call for Single Equality Act
2) National Institute for Clinical Excellence andPhoto Dynamic Therapy Treatment for Wet Age-Related Macular Degeneration.
National Institute forClinical Excellence issue guidance on use of Photo-Dynamic Therapy for use onthe NHS. Department of Health delay implementation.
Parliamentary questions and Early Day Motion ondelay in implementation.
Launchevent for Right to Read week
AllParty Parliamentary Group on Eye Health and VisualImpairment meets to discuss theRight to Read.
House ofLords debates Right to ReadCharter
4) Channel 5 to launch audio description onBskyB.
Five/BskyB Press Release
DisabilityRights Commission press release
Government amends theCriminal Justice Bill to allow crime against disabled people motivated byhatred of disability to be taken into account when sentencing for an offence.
6) Disabled people lobby Parliamenton extending disability rights legislation.
Our Rights Now holdslobby of Parliament to highlight government inaction on ensuring full civilrights for disabled people.
8) Transport
9) Commission publishes ActionPlan for people withdisabilities
30 October 2003 European Commission Press Release. The European Commissionhas announced the publication of an Action Plan to promote equal opportunitiesfor people with disabilities across an enlarged Europe following on from theEuropean Year of People with Disabilities.
10) Disability Rights Commission and Local GovernmentAssociation raising awareness of2004 DDA duties for Local Authorities. 27 October2003. DRC/LGA Press Release.
The Disability Rights Commission (DRC) joined forces with the Local GovernmentAssociation (LGA) to warn local authorities to start making preparations forthe introduction of new access duties in 2004 or risk ending up in court.
11) Encouragingtake-up offree eye tests in Wales.
25 October 2003 Welsh Assembly Government Press Release
Health Minister Jane Hutt has urged those who are eligible to take advantage offree Eye Health Examinations.
12) Scottish Executivepublishes figures on registration.
23 October. Scottish Executive Press.
See item eightof news section, transport.
Back to beginning of contents.
EDM 1824 Treatment for Wet Age Related MacularDegeneration.
EDM 1779 Poverty.
EDM 1505 Disability Bill.
Back to beginning of contents.
Draft disability bill and transport.
Roger Berry MP, 18 November 2003, House of Commons OralQuestion.
Availability ofphotodynamic therapy.
Lord Ashley of Stoke, 23 October, House of Lords WrittenQuestion.
Disability Bill
Andrew Lansley MP, 21 October 2003, House of Commons WrittenQuestion.
Treatment for Age-related Macular Degeneration
Questions on Commission on Equality and Human Rights.
LordCarter, Lord Campbell of Croy, LordAshley of Stoke, 4 November 2003.
Collection ofbenefits from Post Offices
Gwyneth Dunwoody MP, 27 October 2003. House of CommonsWritten Question.
Maintainingindependence for disabled people.
Lorraine Barrett AM, 27 October, Welsh Assembly WrittenQuestion.
Childrens EyeExaminations
David Davis MP, 14 October 2003 House of Commons WrittenQuestion
ITEMS
1) Announcement on creation of Commission forEquality and
Human Rights.
GovernmentAnnouncement on future of equalities bodies.
On 30 October PatriciaHewitt, Secretary of State at the Department for Trade and Industry and LordFalconer, Secretary of State at the newly created Department for ConstitutionalAffairs, made a long awaited statement on the future of Equalities Bodies inthe UK further to responses received to last years consultation Equality andDiversity; Making it Happen.
Main points:
The governmentfavours the creation of a Single Equality Body, provisionally called theCommission for Equality and Human Rights.
A White Paper willbe published in the Spring making detailed proposals for the body and seekingcomments. Responses to the White Paper will inform the preparation oflegislation to establish a single body.
A task force is tobe established to provide advice on governance and structure of the new body.This will include representatives of the existing commissions and the newanti-discrimination strands of sexual orientation, religion, belief, and age.There will also be members with a particular interest in human rights as wellas people from Scotland and Wales.
Late 2006 will bethe earliest that the new body can be established.
In the statement thegovernment acknowledges the distinctive aspects of the disability rightsagenda and the concerns (regarding) the relatively recent establishment of theDisability Rights Commission and the fact that there has been relatively littletime for the distinctive disability rights legislation to take hold.
House of Lords oralQuestions on Commission on Equality and Human Rights.
Liberal DemocratPeer calls for Single Equality Act.
29 October 2003.
Anticipating the announcement of the governments intentionto establish the Committee for Equality and Human Rights, Liberal Democrat PeerLord Lester QC said We welcome theGovernment's decision to set up a new Commission, but some basic conditionsmust be met if it is to be effective. Its leadership must be chosen to ensurethat it is completely independent ofGovernment and its resources must be sufficient to tackle unjustifiablediscrimination wherever it exists.
The Commission's important task in promoting a culture of respect for humanrights must not weaken action to tackle discrimination. There must be nolevelling down of existing protection. The Commission must demonstrate that itwill give equal protection to all the victims of the different forms ofdiscrimination.
He also argued that The tangled and incoherent mess of existing equality lawsneeds to be replaced by a comprehensive, coherent and user friendly singleEquality Act.
2) National Institute for Clinical Excellence andPhoto Dynamic Therapy Treatment for Wet Age-Related Macular Degeneration.
Campaigning toget Photo-dynamic Therapy implemented
On 24 September NICE(National Institute for Clinical Excellence) announced that PDT (Photo DynamicTherapy) would finally be made available on the NHS for people with Wet AgeRelated Macular Degeneration (AMD). The appraisal of PDT had been the secondlongest undertaken by NICE and it is estimated that up to 18,000 people withwet AMD may have lost sight due to the treatment remaining unavailable in manyparts of the country throughout the appraisal.
Two days after NICEsannouncement the Department of Health announced that they would be delayingimplementation of PDT by an additional six months on top of the statutory threemonth implementation period. This is because they believe that the statutoryimplementation period is insufficient to allow the levels of staff training andequipment set-up needed to ensure national coverage of PDT treatment.
The AMD Alliance, ofwhich RNIB is a member, has written to the Minister of State for Health, RosieWinterton MP, to request that the delay in implementation is reduced as far aspossible.
Officers of the AllParty Group on Eye Health and Visual Impairment have put down an Early Day Motion (number1824) on the issue, which is attractingcross-party support.
All Party Group on Eye Health and VisualImpairment Meeting
The All Party Group onEye Health and Visual Impairment held its 28 October meeting on access towritten information for people with sight problems, dyslexia and other readingdisabilities.
Joanna Trollope CBE,author and supporter of the Right to Read campaign spoke at the meeting, whichwas well attended by MPs, Peers and interested parties from the voluntarysector and transcription services.
Joanna Trollopeexpressed her anger at the current situation whereby people with sightproblems, dyslexia and other reading disabilities are denied access to 95% ofbooks and magazines each year as they are not produced in accessible formats.
Other speakers included:
John Palmer, Chief Executiveof the Calibre Cassette Library.
Rhian Evans,Manager of the Welsh Cassette Service.
Peter Osborne,Head of Accessible Information Operations for RNIB.
House of Lordsdebates Right to Read Charter.
Following the All Party Group on Eye Health and VisualImpairment meting on the Right to Read, Baroness Gardner of Parkes tabled aquestion in the House of Lords on the governments support for the Right toRead Charter. The aims of the charter are to;
Establishan Access to Reading Fund to support production of more material in largeprint, audio, braille and electronic format.
AbolishVAT on audio books, bringing them into line with print books.
Ensurethat no student is ever denied the opportunity to learn because they cant readstandard print study materials.
Expandthe number of books, magazines and newspapers that publishers and librariesprovide in large print, audio and tape.
BaronessGardner of Parkes asked Her Majesty's Government: Whether they support theaims of the Right to Read Charter championed by the Royal National Institute ofthe Blind.
The ParliamentaryUnder-Secretary of State, Department for Education and Skills (Baroness Ashtonof Upholland) replied saying My Lords, we fully support the charter's aim oftackling discrimination against people with visual impairment. To that end, wehave extended the Disability Discrimination Act 1995 to education and providedmore than 600 million to improve access to education for disabled students.
We have worked with theRoyal National Institute of the Blind and with copyright owners to reducedelays in gaining copyright clearance when making accessible copies of printedmaterials. We have supported the establishment of the Reveal database, whichprovides information about accessible resources.
Baroness Gardner ofParkes (Conservative) followed on with an additional question, asking MyLords, I thank the Minister for that encouraging reply. However, is she awarethat two difficulties remain? One is that the problem seems to bridge severalgovernment departmentsthose dealing with disability, social care andeducation. For that reason, the people who want to improve those things cannotfind a particular government person to deal with.
Is the Minister alsoaware that books with large print are expensive to produce and are not usedvery often by the children for whom they are developed, although older peopleuse them as well? Would it be possible to develop some sort of central system?At the moment, the matter is devolved to education authorities. That does notwork well, as those authorities do not work with one another. If there were acentralised way in which it could be made known that such books were availableto children who needed them, it would bring a financial saving and a benefit tothose children.
Baroness Ashton repliedsaying My Lords, the fact that the subject bridges different departments canbe a strength, rather than a problem. In preparing for the Question, I talkedto my colleagues in the Department for Culture, Media and Sport and theDepartment of Trade and Industry in particular. A great deal of work continuesto be done through the library service and with publishers to support theinitiative. I hope that, in future, the noble Baroness will see that aspositive.
The noble Baronesssuggested a central system giving access to information. Part of what, we hope,the Reveal database will do is enable educationists to find the information.This month, we go live with a link between our websites and the database. Iwill pursue the point made by the noble Baroness.
Lord Ashley of Stoke(Labour) followed this reply saying My Lords, the Government have done well onthe issue but not well enough. One striking figure is that no fewer than one inthree blind and partially sighted pupils do not have books and exam papers inthe preferred format. I find that utterly incomprehensible. Will my noblefriend address that point? The Government have given out lots of money, andthat should be appreciated, but we cannot have children being hampered byhaving no books or exam papers. We need a guarantee from the Government thatthose children will get books and exam papers in the preferred format.
Baroness Ashton repliedsaying My Lords, I say to my noble friend that I am sorry that we have not yetdone well enough. However, we have made available 220 million specifically forthe School Access Initiative, which is designed to enable children and youngpeople with disabilities to have access not only to premises but to thecurriculum, as my noble friend pointed out.
All end of key stagetest papers have been available in different formats for some time. All othernational test papers are produced in different formats. It is for schools andLEAs to ensure that curriculum materials are available as appropriate and ingood time for children with visual impairment. With good strategic planning,that can be achieved. I take my noble friend's point, and I will pursue it.
Lord Addington, LiberalDemocrat disability spokesperson, followed asking My Lords, we are talkingabout joined-up government on this matter. Have the Government made anyprogress towards having VAT removed from audio books? I remind the Governmentthat access to literature is an important aspect of our cultural life, not onlyof education. By not taking action, we are excluding a large number of people.
Baroness Ashton repliedsaying My Lords, I remind the noble Lord that there is no VAT on books,journals, newspapers or periodicals. Nor is there VAT on equipment specificallydesigned to support those with visual impairment. There is VAT on audio tapes,which are available to the general population. Obviously, we listen to representations,but the noble Lord will know that, under EC law, that would be incompatiblewith the direction in which we are travelling.
Earl Howe, Conservativespokesperson on Health and Education followed on asking My Lords, do theGovernment have accurate statistics on the number of visually impaired andother disabled children throughout the country, so as better to establish whattheir information needs are and what sector they fall into? If they doI do notbelieve that they doit would be valuable information for planning purposes.
Baroness Ashton repliedsaying My Lords, it is true that, traditionally, governments have notcollected information. However, I can say to the noble Earl that, in the nextfew months, we will, for the first time, have information about children withspecial educational needs throughout the school sector that will, as hesuggested, enable us to plan more efficiently and effectively to support thosechildren in schools.
Baroness Wilkins(Labour) followed on asking My Lords, would the Minister agree to considersetting up a national repository of electronic versions of textswhich could beused as a source for the production of accessible information and to speed upthe production of accessible texts for studentsas quickly as possible?
Baroness Ashton repliedsaying My Lords, I am not entirely sure that it would be appropriate for theGovernment to do that. However, it is critical that we work closely withpublishers to enable access to literature of all kinds to be made available asquickly as possible.
Copyright(Visually Impaired Persons) Act comes into force.
The Act received Royal Assent on 7 November 2002, but couldnot come into force until guidance had been produced setting out how the Actis to work in practice. This guidance has been issued and the Act came intoforce on 31 October, meaning that it is legal to use the exceptions tocopyright law that it provides.
For more information about the Act and what it allowsindividual blind and partially sighted people, people acting on their behalfand not for profit organisations to do, visit;
http://www.rnib.org.uk/xpedio/groups/public/documents/publicwebsite/public_cvipsact2002.hcsp
Edward Barrow, a consultant with the Copyright LicensingAgency (CLA), explained the way licensing a scheme works saying It grants onbehalf of the copyright holders the right to make the copies (accessibleformats) He continued saying The basic framework has been set out in the(Copyright (Visually Impaired Persons) Act) statute, but the nuts and bolts arenegotiated between the CLA and organisations generally providingservices.
Commenting on the ease with which the schemes should allow accessible formatsof works to be produced, he said, The licences are renewable annually, (and)gives the licensee (an approved body like the RNIB), the right to make thecopies as and when required in whatever accessible format is needed.
The scheme, he said, also requires the accessible copy to be registered withthe REVEAL online catalogue, which lists the accessible format copies of worksthat are available from voluntary sector organisations across the UK.
The schemes place no limit on the number of accessible copies made, but thecopies have to be for a visually impaired person as defined by the Act.
4)Five announces launch of audio description on BSkyB.
Five is to mark the International Day ofDisabled Persons on 3rd December 2003 by becoming the first UKpublic service broadcaster to offer audio description services on digitalsatellite television. The adoption byFive of BSkyBs audio description technology will enable blind and visuallyimpaired people to enjoy a wider choice of accessible programmes.
Developed and pioneered by BSkyB, the audiodescription functionality already provides digital satellite viewers in morethan seven million homes with more than 3,000 hours of audio describedprogrammes each year on BSkyBs own channels, which include Sky One, Sky Sportsand Sky Movies. Five is the first third-party broadcaster to take advantage ofthe technology, which enhances accessibility of television programmes byallowing blind and visually impaired viewers to hear a description of what thecharacters on screen are doing.
Five currently broadcasts around10 hours of audio described programmes each week, representing 6% of itsprogramming across the year. Fives audio described programmes during 2003 haveincluded the drama series Magnum, Starsky & Hutch and Charlies Angels, in addition to atleast one peak-time film each week. Until now, Five's audio description services have been available only toa very limited number of digital terrestrial homes with the necessaryspecialist equipment.
Jane Lighting, Fives Chief Executive said:Five is a member of the Broadcasting and Creative Industries DisabilityNetwork (BCIDN) and is highly committed to increasing access to its programmesand services on and off air. I am very pleased that we are able to enhance ourservice for blind and partially sighted people in this way.
Ray Gallagher, BSkyBs Director of PublicAffairs and industry Chair of the BCIDN said: BSkyB is delighted that Five isto take advantage of Sky digitals audio description capability. The launch represents an important stepforward in increasing the range of accessible programmes and services thatblind and visually impaired people can enjoy through digital satellitetelevision. We congratulate Five on itscommitment to offering accessible services to satellite.
DRC WelcomesFives plans for audio description. 21 November 2003. DRC Press Release.
In response to Channel Five's announcement to launch audiodescription on digital satellite, the Disability Rights Commission's CEO BobNiven said today:
'This is a great early Christmas present for many disabled people who areexcluded from enjoying the full array of programmes on British TV.
'Audio description provides key information for blind and partially sightedpeople - describing 'silent' situations on tv programmes which many of us takefor granted.
'BskyB made the technology available to deliver this service into people'shomes two years ago. Channel Five is the first public service broadcaster totake advantage of it.
'Providing this service is part of the way that broadcasters need to meet theirlegal obligations under the Disability Discrimination Act.
'Channel Five and BskyB have drawn a line in the sand which the BBC, ITV andChannel 4 must now follow.
'It is patently unfair that blind and partially sighted people can't enjoyprogrammes like Eastenders and Coronation Street when the technology is therefor them to do so.'
The Broadcasting Act 1996 required digital terrestrialbroadcasters to audio-describe 10 per cent of their programmes within tenyears. They did not start until 2000 and currently they are hitting the 6 percent mark.
In the recent Communications Act the requirements were extended to digitalsatellite and digital cable broadcasters and requirements were also placed onbroadcasters to undertake promotional/awareness work.
Communications legislation does not explicitly require broadcasters or digitaloperators to ensure viewers receive audio-description in an intelligibleformat. However the Disability Discrimination Act requires those who provide aservice to the public to remove unnecessary barriers which make it'unreasonably difficult' or 'impossible' for disabled people to use theirservice.
Following a longcoalition campaign led by RNIB a Government amendment to the Criminal JusticeBill has been welcomed which was passed by the House of Lords and will requirethe courts to treat a crime more seriously if it has been motivated by hatredof disability, mirroring existing law for crimes aggravated by racial orreligious hatred. This would come into play in incidents, where, for example,disabled people have been verbally and physically abused due to theirdisability.
The Disability RightsCommissions Attitudes and Awareness Survey (2003) revealed that 22% ofdisabled respondents had experienced harassment in public because of theirimpairment.
Welcoming the amendment the Disability Rights Commissionsaid A change to the law to ensure increased sentences for assaults againstdisabled people which are aggravated by prejudice is as welcome as it isnecessary.
In our legislative review published earlier this year we urged the Governmentto introduce laws to outlaw hate crimes linked to disability as a matter ofurgency.
One in four disabled people - and nine in ten people with learningdifficulties - have had their self-esteem, dignity and personal safety robbedby verbal or physical abuse and harassment. For too long these devastatingcrimes have not been recognized in law or treated with the seriousness theydeserve by the police, prosecutors or the courts.
With the amendment to the bill, there is now a real prospect for this tochange and for disabled people to be afforded the protection of the law thatall citizens would expect.
The Criminal Justice Bill has received Royal Assent.
On 29 October disabledpeople lobbied Parliament in anticipation of the publication of thegovernments draft disability bill in December. The lobby was organised by OurRights Now, a coalition of disability groups and charities, including RNIB.
The aim of the lobby wasto make MPs aware of the many gaps in existing disability rights legislation,and set out the areas that the upcoming draft disability bill must cover inorder to close the various exemptions and anomalies that currently exist in theDDA.
Andy Rickell, Chair ofOur Rights Now, addressed lobbyists, welcoming the fact that the government arefinally, with the publication of a draft bill, moving towards fulfilling theirmanifesto commitments to disabled people. He argued, however, that the draftbill is unlikely to meet the demands of disabled people and called ongovernment to take note of the Rights and Freedoms Bill, which Our Rights Nowhas put together, outlining the key demands that must me met for disabledpeople to have equal civil and human rights.
Introducing the Bill MrRobertson said The law as it stands allows people of all ages to buyfashion or cosmetic lenses over the internet, by mail order or in fashionaccessory stores, without any consultation to establish whether the wearer issuitable for contact lens use. There is no requirement for regular check-upsand ongoing after-care, nor is there practical advice or proper guidance oninserting, removing, cleaning, storing and caring for the lenses.
The Bill proposes amendment to Section 4 of the 1988Opticians Act, which deals with sale of lenses. Mr Robertson said of the Act(it) is wholly inadequate and is ripe for amendment. Under the terms of theAct, the sale and supply of contact lenses
"must be undertaken by,or under the supervision of, registered medical practitioners or registeredoptometrists".
The key issue is how the courts define the word"supervision". My Bill or any other that is introduced to amend legislationon these matters would apply throughout the United Kingdom. The Bill wouldcover Scotland, as health professionals are a reserved matter.
The Bill was scheduled for Second Reading on 21 November,but with the end of the Parliamentary session it did not take place. However,Mr Robertson stated his understanding that the government are planning to issuea consultation on cosmetic lenses before the end of the year.
Greater regulation of Plano lenses is backed by GeneralOptical Council, RNIB, Eyecare Trust, Association of British DispensingOpticians, Association of Optometrists,Federation of Ophthalmic and Dispensing Opticians, College of Optometrists, andthe Royal College of Ophthalmologists.
8) Transport
Consultation onend date for inaccessible rail vehicles.
The Government have published a long awaited consultation onending the exemptions that transport operators have had from sections underPart 5 of the Disability Discrimination Act. One of the main areas ofcontention- the setting of a date by which older inaccessible rail vehicleswill have to be taken out of service will be subject to a further consultationafter this one which invites responses on what the end date should be. Theoptions are by 2035, 2030, 2025, 2020 or earlier compliance, which is deemedimpracticable. The governments preferred option is 25 years. Anotherconsultation is promised on this issue further to the responses that arereceived on the end date options.
The consultation also covers extending the Rail VehicleAccessibility Regulations, 1998 to cover refurbishment of rail vehicles. Theseregulations would also be subject to further consultation.
Transport Select Committee conducts investigation intoaccessibility of transport for disabled people.
On 19 November the Transport Select Committee took evidencefrom a number of organisations including Leonard Cheshire, Disabled PersonsTransport Advisory Committee (DPTAC) and the Disability Rights Commission. TheCommittee also questioned Transport Minister Tony McNulty MP.
Members of the Committee asked the organisations givingevidence a number of questions on progress made in making trains, stations,buses, air travel and travel by ferry more accessible. The answers varied fromarea to area, with much concern being expressed about airlines and ferries(currently not covered by the DDA).
John Randall MP asked about overall access for blind andpartially sighted people. Peter Barker (DPTAC) replied saying that access isgenerally improving but that on buses insufficient information is available dueto a lack of audible announcements. The most blatant discrimination, he said,was in Brittany Ferries preventing guide dog users travelling with their dogs.Other cross-channel services, he said, do not apply the same policy.
Tony McNulty, Parliamentary Under Secretary at theDepartment for Transport, was questioned extensively by members of thecommittee on issues such as;
regulations on the accessibility demanded when astation is refurbished or rebuilt
figures on the number of disabled people who cannothold down employment due to inaccessible transport
the need for legislation to address the inaccessibilityof maritime and air transport.
He confirmed that the expected draft disability bill willcontain measures on transport, meeting some of the outstanding DisabilityRights Task Force recommendations.
9) Commissionpublishes Action Plan for people with disabilities
30 October 2003, European Commission Press Release.
The European Commission has announced the publication of an Action Plan topromote equal opportunities for people with disabilities across an enlargedEurope following on from the European Year of People with Disabilities.
Anna Diamantopoulou, Commissioner for Employment and Social Affairs, said: TheEuropean Year of People with Disabilities is a starting point, not a one-offevent. This Action Plan will ensure that the results and momentum of theEuropean Year will be maintained in years to come.
The European Commission has presented an Action Plan to promote equalopportunities for people with disabilities across the board in the enlargedEurope. The Action Plan, which will run from 2004 to 2010, demonstrates thecommitment of the Commission to concrete follow-up of the designation of 2003as European Year of People with Disabilities. The plan aims to develop concreteactions to improve economic and social integration of people with disabilities.It is designed to build on the achievements of the European Year and to ensurethat the new Directive on equal treatment in employment and occupation(2000/78/EC), which must be on Member States' statute books by 2 December 2003,is implemented effectively. The first two-year phase of the Plan, which startsin 2004, will focus on creating the conditions for people with disabilities toaccess the mainstream labour market.
10)Disability Rights Commission and Local Government Association raising awarenessof 2004 DDA duties for Local Authorities.
27 October 2003. DRC/LGA Press Release.
The Disability Rights Commission (DRC) joined forces with the Local GovernmentAssociation (LGA) to warn local authorities to start making preparations forthe introduction of new access duties in 2004 or risk ending up in court.
From next year, everyone providing a service from the dentist to thesupermarket to the local library will have to consider making improvements tothe physical structure of their buildings to make them more user friendly fordisabled people. This new legislation is likely to have a significant impact onlocal authority services.
Speaking at the LGA conference, Access to services: disability equality inlocal government, where the DRC/LGA joint-strategy guidance was launched, BobNiven, Chief Executive of the DRC, commented:
We are concerned that many larger local authorities are simply not graspingthe opportunity to make their services accessible to disabled people. We aren'tjust talking about putting a ramp up the front of the town hall but also aboutimprovements to premises where a whole range of services are deliveredincluding: libraries, sports centres, swimming pools, streets, parks and openspaces, housing offices and recycling centres.
There are 8.5 million disabled people in Britain who are regular users ofcouncil services. The strategy we're launching today with the LGA will helplocal authorities around the country make their services genuinely open forall.
Cllr Laura Willoughby, Chair of the LGA's Equalities Executive, said: Manylocal authorities have already done a lot of good work to improve access toservices for disabled people and a lot can be learnt from their examples. Itisn't the case that councils do not want to meet these new requirements, butmany are unsure of the legal implications and are fearful of the costs itinvolves.
Undoubtedly, it's vital that all councils are prepared when this comes fullyinto force next October. There is a lot of work still to be done and I hopethat the guidance we can now offer will help councils better meet the needs ofeveryone in their communities.
The DRC has recently launched its Open4All Campaign to help local authoritiesunderstand the new legislation and benefit from improving access to theirservices for disabled people. The DRC's new website, www.open4all.org ,provides practical advice and information to those affected by the changes.
11)Encouraging take-up of free eye tests in Wales.
25 October 2003, Welsh Assembly Government Press Release
Health Minister Jane Hutt has urged those who are eligible to take advantage offree Eye Health Examinations.
Research shows that certain groups of people are more likely to developsymptoms of cataracts, glaucoma, diabetes and other eye-related diseases.
Jane Hutt said We have, in Wales, highly skilledoptometrists who have opened their doors to groups of people who areparticularly vulnerable to eye disease. There has been an excellent responsefrom them and I thank them for being part of the initiative.
The groups most at risk and who will benefit from the free examination are:
People with sight in only one eye;
People with a hearing impairment;
People who suffer from retinitis pigmentosa;
People whose family origins are Black African, BlackCaribbean, Indian,
Pakistani and Bangladeshi.
I would urge those who are eligible to make an appointment. All people in the'at risk' groups can make an appointment with an optometrist who has beentrained in and accredited to the scheme and will have the Smiley Face stickerin their windows. Your General Practitioner can also send patients to anOptometrist for an examination. I am pleased to say that many GP's are makinggood use of this service.
This scheme is being supported by the Royal National Institute of the Blind,Cardiff Institute for the Blind, the All Wales Ethnic Minority Association andby the leaders of your local communities.
12) Scottish Executive publishes figures onregistration.
23 October. Scottish Executive Press.
The number of registered blind and partially sighted peoplein Scotland, now stands at 38,000.
This total is up by two per cent, with registered blind numbers remainingconstant and the number of registered partially sighted people increasing bythree percent.
The Executive carried out a survey of all registered blind and partiallysighted people at the end of March 2003, the results show that:
* 62 per cent of the total 23,557 - are people who are registered blind, while38 per cent 14,443 - are partially sighted
* almost four out of five are aged 65 and over
* 7,693 or twenty per cent of the total have other disabilities besides theirvisual impairment, with more than a third being deaf, and
* almost two-thirds of those registered blind and partially sighted are women.This ratio is largely explained by the greater number of older women in thepopulation as a whole. Looking at the under 65 age group, 54 per cent of thoseregistered are men.
Under the Social Work (Scotland) Act 1968, local authorities have the power tomaintain a register of people who are blind or partially sighted. Howeverregistration is voluntary and research indicates that less than a third ofeligible people are registered.
See item eight on transport
All Early Day Motions fell at theend of the Parliamentary session on 20 November 2003.
1824 Treatmentfor Wet Age Related Macular Degeneration.
Put down on 28 October 2003 by David Heath CBE MP (LD),David Amess MP (Con) and Jonathan Shaw (Lab).
That this House expresses regret at the Department ofHealth's decision to delay by an additional six months the rolling-out of photodynamic therapy laser treatment for wet age related macular degeneration on theNHS following The National Institute for Clinical Excellence's approval of PDTfor use on the NHS on 24th September; notes with concern the fact that up to3,000 people who could benefit from PDT treatment in this six month period willlose their sight if they do not receive treatment; and therefore calls on theGovernment to make PDT available nationwide within the standard three monthperiod following NICE approval.
43 signatures
Put down by Richard Allan MP (LD) on 20 October 2003.
That this House welcomes the efforts by British Gas and theDaily Mirror to raise awareness of poverty in the UK, and further welcomes theHere to HELP day on 24th October; regrets that one in four people in the UKlive in poverty; many of whom are single parents, older people or disabled;acknowledges the 74 million contribution British Gas Here to HELP programme ismaking to improve the quality of life of vulnerable groups living in some ofthe most deprived communities of the UK through its work with some of the UK'sleading charities; notes that the charities which include RNIB, Scope, Help theAged, Save the Children, National Debtline, Family Welfare Association andGingerbread have already provided over 2,000 benefits such as large push buttonphones for the partially sighted, security measures for older people and grantsfor new or replacement refrigerators and freezers to low income households;further notes that the programme also includes a free assessment of benefitentitlement which has revealed that many of Britain's poorest households areunder-claiming social security benefits by an average of 1,600 per year; andcalls on the Government to reaffirm its commitment to eradicate poverty in theUK.
48 signatures
Put down by Roger Berry MP (Lab) on 1 July 2003.
That this House notes that 2003 is the European Year ofDisabled People; further notes the pledge given in January of this year by theSecretary of State for Work and Pensions to publish a draft Disability Bill;and believes that the inclusion of such a bill in the Government's nextlegislative programme, thereby fulfilling its 2001 manifesto commitment to implementthe 1999 recommendations of its Disability Rights Taskforce, would be a fittingway of marking the European Year and delivering comprehensive protection fromunfair discrimination for Britain's 8.5 million disabled people.
112 Signatures.
End date for accessibility of railvehicles
18 November 2003, House of Commons Oral Question.
Roger Berry MP (Lab), welcoming assurances from Dr Kim Howells MP, Minister ofState in the Department for Transport, that the draft disability bill willcontain provisions on transport recommended by the Disability Rights taskForce, also commented that Another recommendation was that there should be enddates for all rail vehicles to be accessible to the disabled. He then askedWhat are those end dates?.
Dr Kim Howells MP, Minister of State at the Department for Transport, repliedsaying My hon. Friend is well known for his work for many years on behalf ofdisabled groups, and he raises an important issue. He knows that the Governmenthave already introduced regulations under the DDA to ensure that new buses andtrains are accessible to disabled people. Last month, we announced ourproposals for implementing the taxi provisions. Significant progress hasalready been made. For example, in the past two and a half years, 1,400 fullyaccessible new vehicles have been introduced on the railways, and there will bemore than 1,000 more in the next 18 months. More than one third of buses arealready accessible, and the proportion is much higher in many major towns andcities. However, I take his point: we must ensure that access is as complete asis possible and practicable.
Availability ofphotodynamic therapy.
Lord Ashley of Stoke, 23 October, House of Lords WrittenQuestion.
Lord Ashley of Stoke asked Her Majesty's Government Why the Department ofHealth sent guidance to hospitals and primary care trusts saying that they didnot have to find money for photodynamic therapy for nine months; and What istheir assessment of the claim that thousands of people with age-related maculardegeneration will go blind if photodynamic therapy is not available for ninemonths.
Lord Warner, Parliamentary Under-Secretary of State at theDepartment of Health, replied saying In reviewing the final appraisaldetermination, the National Institute for Clinical Excellence's guidanceexecutive also considered whether there were grounds for advising theDepartment of Health to vary the three-month direction. It considered therewere grounds to do so on this occasion.
We are not delaying implementation of the NICE guidance onphotodynamic therapy (PDT) for nine months. Patients are already receiving PDTtreatment on the National Health Service and will do so in increasing numbersin the coming months.
It was the department's assessment, informed by advice fromNICE, that the NHS would be unable to implement the guidance in full within theusual three-month period. We have previously varied the direction on fiveoccasions when it was required to implement effectively the guidance to providethe service to patients.
The guidance issued to primary care trusts (PCTs) on PDTasks that PCTs should make funds available within nine months. We expectimplementation to have been fully achieved within this timeframe with alleligible patients having access to available treatment. PCTs may completeimplementation earlier should their service planning enable them to do so.
Within the nine months allowed for full implementation, commissioners areexpected to expand the service in a planned way to ensure there is sufficientcapacity which is appropriately located to meet patient need, a fully trainedworkforce and access to expert diagnostic services. This will include thecreation of new-and the expansion of existing-PDT centres and expert readingcentres.
Disability Bill
Andrew Lansley MP, 21 October 2003, House of Commons WrittenQuestion.
Andrew Lansley MP asked the Secretary of State for Work andPensions when he expects to publish the Disability Bill.
Maria Eagle, Parliamentary Under Secretary of State at theDepartment for Work and Pensions, replied saying We will publish a draftDisability Bill later this year with the intention that it will undergopre-legislative scrutiny. The draft Bill would amend the DisabilityDiscrimination Act (DDA) to make fundamental improvements to disabled people'srights in areas like the public sector, premises, transport, private clubs and thedefinition of disability.
This is the next step toward meeting our 2001 Manifestocommitment to extend basic rights and opportunities for disabled people. Itbuilds on other legislation we have already introduced, including theDisability Discrimination Act 1995 (Amendment) Regulations 2003, which wereapproved by Parliament on 1 July. Those regulations make significant andfar-reaching changes to the DDA which will, among other things, bring withinscope of its employment provisions a further 1 million small employers, 7million jobs and 600,000 disabled people already working in those jobs. Thefinal step toward meeting our Manifesto commitment will be when a DisabilityBill is passed in this Parliament.
By the end of this Parliament, we will have taken forwardthe most significant package of changes to civil rights for disabled peopleever seen.
Treatment for Age-related Macular Degeneration
John Baron MP, 21 October 2003, House of Commons WrittenQuestion.
John Baron MP, Shadow Health Spokesman, asked the Secretary of State for Healthwhat estimate the Government have made of the number of people whose sight willbe affected following the Government's decision to delay implementation ofNICE's guidelines to make photo-dynamic therapy available to those sufferingfrom age-related macular degeneration.
Rosie Winterton MP, Minister of State for Health, replied saying We are notdelaying implementation of the National Institute for Clinical Excellence(NICE) guidance on photo-dynamic therapy (PDT). Patients are already receivingPDT treatment on the national health service and will do so in increasingnumbers in the coming months.
In reviewing the final appraisal determination, the NICE Guidance Executivealso considered whether there were grounds for advising the Department to varythe three-month direction. They considered there were grounds to do so on thisoccasion.
It was the Department's assessment, informed by evidencesubmitted to NICE, that the NHS would be unable to implement the guidance infull within the usual three-month period. We have previously varied thedirection on five occasions when it was required to implement effectively theguidance to provide the service to patients.
The guidance issued to primary care trusts on PDT asks that PCTs should makefunds available within nine months. We expect implementation to have been fullyachieved within this time frame with all eligible patients having access toavailable treatment. PCTs may complete implementation earlier should theirservice planning enable them to do so.
Within the nine months allowed for full implementation, commissioners areexpected to expand the service in a planned way to ensure there is sufficientcapacity which is appropriately located to meet patient need, a fully trainedworkforce and access to expert diagnostic services. This will include thecreation of new, and the expansion of existing, PDT centres and expert readingcentres.
Questions onCommission on Equality and Human Rights.
4 November 2003.
Lord Carter
My Lords, is my noble and learned friend aware that theproblems of discrimination which face disabled people are of a different degreeand kind from those who face discrimination on grounds of, say, gender or race?There are physical problems of mobility and access; there are communicationproblems for those with learning difficulties; and there are differentcommunication problems for those who are visually or hearing impaired. Will mynoble and learned friend assure the House that the work on all those differentproblems which are specific to disabled people will not be lost in the work ofan overarching commission for equality and human rights?
Lord Falconer of Thoroton, Lord Chancellor and Secretary of State forConstitutional Affairs, replied saying My Lords, I agree with my noblefriend's description of the differences in relation to the problems faced bythe disabled. In constructing the single body-and much work needs to be done inworking out the detail-we must be sure that people who are disabled and haveexperienced the problems of disability discrimination are actively involved inthe process of creating the new body. That is why a task force has been set upin which those campaigners will be actively involved and we shall try to meetthe very point that my noble friend has raised.
Lord Campbell ofCroy
My Lords, on that point, does there not remain a strongview that disablement should be dealt with by a separate commission and not beincluded with the others?
Lord Falconer of Thoroton replied saying My Lords, indeed, that point was madeduring the consultation. We had to take a decision in relation to it and webelieve that the right course is to bring the Disability Rights Commission intothe single body. However, we must ensure that the creation of the body meetsthe point raised by my noble friend Lord Carter.
Lord Ashley ofStoke
My Lords, the Government believe that it is not sufficientto have the Disability Rights Commission in consultation. That is fine andhelpful. However, is not the real answer to ensure that on disability the newbody has complete autonomy? Without autonomy, disabled people will beovershadowed, overruled and overseen by other problems. Can the Minister assureus that there will be a significant degree of autonomy for the disabledgroups?
Lord Falconer of Thoroton replied saying My Lords, as I said in answer to mynoble friend Lord Carter, we are absolutely determined that the disabilityissues are not lost in any way. Precisely how one ensures that is a matter forthe task force that has been set up. It will have those involved withdisability as its members and it will be for them to work out the best way toput forward the detail which will achieve that.
Collection ofbenefits from Post Offices
Gwyneth Dunwoody MP, 27 October 2003. House of CommonsWritten Question.
Gwyneth Dunwoody MP asked the Secretary of State for Work and Pensions how manyhousebound, disabled and blind pensioners not in possession of a bank accounthe estimates will be able to receive state benefits over the counter after2005.
Chris Pond MP, Parliamentary Under Secretary of State at the Department forWork and Pensions replied saying With direct payment, customers can stillcollect their benefit or pension at the Post Office, if they choose to do so,by using some current bank accounts, basic bank accounts or the Post Officecard account.
Already 87 per cent. of all customers and over 90 per cent. of pensioners haveaccess to an account that can receive direct payment. And for those who do not,the new easy to operate accounts, which are accessible at the Post Office, arewidely available.
We have always recognised that there will be a small group of people who wecannot pay directly into an account. We are developing an exceptions method ofpayment to pay this group, which can be accessed at Post Office branches. Thiswill be based on an understanding of the individual problems such customerswill face.
Maintainingindependence for disabled people.
Lorraine Barrett AM, 27 October, Welsh Assembly Written Question.
Lorraine Barrett AM asked What action is the Welsh AssemblyGovernment taking to help disabled people to stay in their own homes?
Jane Hutt AM, Minister for Health and Social Services, replied saying Localauthorities and local health services have the main responsibility for meetingthe assessed needs of people to maintain their independence. We are introducingmeasures to facilitate this, including the new unified assessment process tocare management, to ensure that the potential risks to a disabled person'sindependence are comprehensively assessed and managed, and new fair access tocare service guidance, which will help to ensure that eligibility criteria arefair, consistent and that increased emphasis is placed upon prevention andre-ablement. In line with our manifesto commitment, we are working to providingfree home care for disabled people.
Childrens EyeExaminations
David Davis MP, 14 October 2003, House of Commons Written Question.
David Davis MP asked the Secretary of State for Health if hewill take steps to encourage more regular and thorough eye tests for childrento check for cancers, with particular reference to retinoblastoma.
Rosie Winterton MP, Minister of State at the Department for Health, repliedsaying, Doctors and opticians who test sight have a duty to undertake anexamination of the eye and perform whatever tests they feel are necessary atthe time. The examination undertaken has the purpose of detecting signs ofinjury, disease or abnormality in the eye and the doctors or opticians carryingthem out will be aware of retinoblastoma and the signs to look for on theretina.
Free sight tests are available under the National Health Service to largeparts of the population, including all children and those aged 1618 infull-time education. Sight tests are the ideal opportunity to review allaspects of eye health, including investigations for signs of disease. In200102, 9.8 million NHS sight tests were paid for by health authorities. 2.4million of those were for children.
We have promoted a system of child health and development checks. Theprogramme of home visiting and community development makes an importantcontribution to many areas of health education and fosters the early detectionof problems, including those associated with eye sight in young pre-schoolchildren. The programme also provides the opportunity to develop closerrelationships between the family and the primary care team. Work on developing thechildren's national service framework continues and the healthy child modulewill take into account the views expressed by the National Screening Committee(Children's Sub-Group) on the need for child eye screening.