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Dept for Work and Pensions

Answer

Mrs. Calton: To ask the Secretary of State for Work and Pensions (1) on what basis (a) HIV, (b) cancer and (c) multiple sclerosis were included in the draft Disability Discrimination Bill's definitions of disability; and if he will make a statement; [152568] (2) on what basis (a) restricted growth conditions, (b) mental ill health and (c) high functioning autism were excluded from the draft Disability Discrimination Bill's definitions of disability; and if he will make a statement. [152569] Maria Eagle: Anyone with a restricted growth condition, mental ill health or high functioning autism who meets the current definition of disability in the Disability Discrimination Act 1995 is treated as a disabled person for the purposes of the Act and is entitled to protection against disability discrimination. A disabled person is defined in section 1 of the Act as a person who has a physical or mental impairment which has a substantial and long-term effect on their ability to carry out normal day-to-day activities. In the particular case of people with progressive conditions (such as HIV, cancer or multiple sclerosis), the current definition treats them as disabled if their impairment has some effect on their ability to carry out normal day-to-day activities, even if not substantial, provided that it is eventually likely to have that effect. We propose through the definition of disability clause in the draft Disability Discrimination Bill to extend the current definition of disability in the Act for the progressive conditions of HIV infection, cancer and multiple sclerosis to anyone who has that condition whether or not it has an effect on normal day-to-day activities; although there is a power which could be used to exclude cancers which do not require substantial treatment. The provisions relating to HIV infection and cancer follow recommendations by the Disability Rights Task Force. The extension for multiple sclerosis followed consideration of case law. No conditions already covered by the 1995 Act would be excluded by means of the draft Disability Discrimination Bill.

Secondary information

Type

Written question

Reference

417 c1056W; 152568;152569

Session

2003-04

Subjects

Disability Diseases

Legislation

Draft Disability Discrimination Bill

Link

View this Written question on www.publications.parliament.uk