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Disability Discrimination Act 1995 (Amendment etc.) (General Qualifications Bodies) (Alteration of Premises and Enforcement) Regulations 2007

rose to move, That the draft regulations laid before the House on 26 June be approved. The noble Lord said: My Lords, these regulations, which are made under the Disability Discrimination Act 1995 using provisions inserted by the Disability Discrimination Act 2005, seek to eliminate discrimination from the examination system. They are a final step towards making prejudice against disabled people illegal in Great Britain, and they had all-party support when they passed through the other place on 17 July. We expect exam regulators and the awarding bodies to ensure that their qualifications offer all candidates the opportunity to demonstrate their skills and knowledge. The regulations are one of two sets of linked regulations. The other is the Disability Discrimination (General Qualifications Bodies) (Relevant Qualifications, Reasonable Steps and Physical Features) Regulations 2007, made on 23 June, which contain two main provisions. First, they prescribe the list of relevant qualifications covered by the legislation. Secondly, they contain a provision that makes it clear that the practice of exemptions, and the resulting certificate indications, will continue to be lawful after September 2007. They also define ““physical features”” and ““lease”” for the purpose of making reasonable adjustments. The other regulations are subject to the negative procedure and were signed by my honourable friend the Minister for Schools and Learners on 23 June. The regulations before us this evening cover both the enforcement mechanisms for making a claim and the physical feature duty to make reasonable adjustments when awarding bodies occupy premises under a lease. They will reinforce the excellent practice that the awarding bodies have already developed, but where disabled people are treated unfairly, they will provide them with a clear legal foundation for their appeals. Part 1 contains necessary introductory clauses, while Part 2 of the regulations describes their enforcement. Enforcement of DDA legislation in respect of employment and professional and trade qualifications is through employment tribunals. However, as these are academic rather than employment matters, we believe that the county court system—or sheriff court, in Scotland—is the most appropriate place to enforce any claims against qualification bodies. Resort to the courts will be very much a last option for claimants. The Joint Council for Qualifications, which represents the awarding bodies offering GCSEs and A-levels, is setting up a resolution procedure that will aim to settle disputes at an early stage. The new Commission for Equality and Human Rights may also play a role in offering conciliation services to claimants. We will continue to work with the awarding bodies, the Qualifications and Curriculum Authority and groups that represent the disabled—including the new commission and the Disability Rights Commission, while it is still in existence— to minimise the need for enforcement through the courts. The Disability Rights Commission requested Regulations 5 and 6 to harmonise disability legislation. Duties relating to physical features of a building under the DDA make provisions for circumstances where premises are occupied under lease, and already apply to employers, trade organisations, trade and professional qualifications bodies, service providers and post-16 education institutions. These regulations apply those provisions to general qualifications bodies and specify: the period within which any landlord’s consent to make reasonable adjustments to the premises should be sought; the information that should be provided; the period within which a response from the landlord should be forthcoming; and the means to challenge unreasonable refusals to give consent, possibly adding the landlord as a party to proceedings, if necessary. These regulations therefore bring the duties on general qualifications bodies into line with provisions elsewhere in the DDA. I commend the regulations to the House and I beg to move. Moved, That the draft regulations laid before the House on 26 June be approved. 22nd report from the Statutory Instruments Committee.—(Lord Adonis.)