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Equality Bill

I see some difficulty with Amendment 4 as drafted. One has to wonder why depression is singled out. There is also a difficulty with assuming that depression is likely to recur. However, the definition of disability is something which presents the greatest obstacle for disabled people wishing to make claims of discrimination. A particular difficulty surrounds the application of the term "long-term". Although we may not be able to achieve a final solution this afternoon, this is an issue to which Parliament will need to return at some stage. I want to speak mainly to government Amendment 14, which has just been spoken to by the noble Baroness, Lady Thornton, and also to Amendments 20A, 44A and 60, which are in my name. Before I do, however, let me make two general points. First, those representing disabled people are very appreciative of the extent to which the Government have taken their concerns on board during the passage of the Bill, particularly as it has passed through your Lordships’ House. They are also particularly appreciative of the efforts of the Bill team and departmental lawyers to find solutions to sometimes quite intractable problems and to incorporate them in the Bill. This testifies to the good outcome that can be achieved when you have a listening Government and a House of Lords which knows its onions subjecting legislation to careful scrutiny. Secondly, I hope it will be seen as a helpful move in expediting Report stage to have grouped together all these amendments which relate to disability. This entails some sacrifices in terms of presentation and getting things on the record, but I hope that it will nevertheless be win-win and that we will all be net gainers. The amendment on which I want to focus, however, is government Amendment 14. In Committee, as the noble Baroness has reminded us, I moved an amendment to add an additional reasonable adjustment requirement, to avoid the disadvantage caused by the provision of information in an inaccessible form. I pointed out that we had lost all reference to accessible information in the Bill. I was very gratified by the strong support that noble Lords gave my amendment both in Committee and privately afterwards. I place on record my appreciation of that support. The noble Lord, Lord Elton, put his finger on it when he said: ""The Committee needs to know how adding the same obligation to this statute will remedy the failure of similar provisions in ""earlier statutes. Is not some stronger measure or different approach needed to relieve this intolerable situation?".—[Official Report, 13/1/10; col. 558.]" The Government agreed to take the matter away and return to it today and this is the result. I believe that this is a case where the Government can genuinely claim to have listened and responded appropriately and I welcome the amendment wholeheartedly. I believe that this is the stronger measure that the noble Lord, Lord Elton, was calling for. It is not in exactly the form that I moved in Committee, but I believe that, to all intents and purposes, it gives us the requirement that I was seeking. As I think the Minister recognises, this is potentially a major step forward for anyone with a print disability of any kind. Of course, as she said, a change in the law does not of itself change anything. However, the change that this amendment signals and potentially delivers will afford a much more solid basis for robust enforcement action by regulators, advocacy organisations and disabled people themselves. I believe that this is a positive outcome for which the Government can take real credit and I welcome it unreservedly. Businesses and public sector bodies now need to think carefully about what they need to do to comply with this duty and promptly take action, as I expect this duty to be vigorously enforced. I turn briefly to the remaining amendments in the group. I tabled Amendment 60 for Committee, but, under pressure of time, I did not move it on the understanding that the Government would take it away and see if they could accommodate it. I am pleased to say that we have had constructive discussions and, as a result, I have now retabled the amendment. The intention is simply to put the universal understanding of the present law beyond doubt in statute. As regards Amendments 20A and 44A, first, I need to point out that there are a couple of errors on the Marshalled List. Amendment 20A relates to line 25, not 35, on page 137, and Amendment 44A relates to line 14, not line 4, on page 193. Secondly, I must apologise for the fact that they are late amendments. This reflects the fact that discussions are still ongoing. The amendments reflect the stage that I believe the discussions have reached. I have accepted the Government’s formulation—"avoid the disadvantage"—in Schedule 2 but believe that it is necessary to spell out exactly what that means, because if we do not there is a risk that the intention to reproduce the current law, which everyone shares, is put in doubt. The issue is quite complex but I believe that the Government are now seized of the fact that there may be a problem and also that there may be a need to make changes to Schedule 15, on associations, to reflect those in Schedule 2. I wish to give the Government’s continued reflection all possible encouragement in the hope that they will be able to return with the solution at Third Reading.