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Report of SDEF Conference����������������

9^th July, Dunblane

�Including Us All�

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conference report

Text of Bob Benson's Speech

Thank you so much for inviting me to address the first SDEF Conference today.� The re-establishment of the Forum underlines a real need to bring together disabled people and disability organisations to provide a debate on important policy issues and areas of concern reflecting their voices.�� In the context of our Scottish Parliament, the establishment of the Disability Rights Commission there are important new opportunities for the disabled movement to not only influence the agenda of decision makers but also to help set the agenda.

I�m going to talk today about what the Commission is here for, look at some of the things we�ve done and are doing but as importantly look at, the policy agenda as it is unfolding, how we can work with disabled people and disability organisations to formulate policy and areas for action and some comments on the wider voluntary sector itself.

BACKGROUND� &� STATUTORY� REMIT

The DRC came into operation on 25^th April 2000 reflecting the Government�s implementation of the New Labour Manifesto commitment to establish �comprehensive enforceable civil rights for disabled people�.� That in turn, followed a sustained campaign since the 1960s by disabled people, their organisations and many others to create disability rights legislation with an enabling and enforcing Commission.

The Disability Rights Commission Act 1999 sets out four main statutory tasks for the Commission:

ending discrimination against disabled people;

promoting equal opportunities for them;

disseminating good practice;

keeping disability legislation under review and as appropriate advising the Government.

The creation of the Disability Rights Commission remedied the major gap in the arrangements to ensure Disability Rights and the effective operation of the Disability Rights Commission Act 1995.

AIM,� OBJECTIVES� &� ORGANISATION

From the outset, the Commission has set itself the goal of achieving �a society where all disabled people can participate fully as equal citizens�.�� There are about 800,000 disabled people in Scotland where discrimination and disadvantage are widespread with low public awareness.

The Commission�s vision therefore represents a very major programme of change, which will be taken forward primarily through advice, conciliation and where necessary legal enforcement.� The Commission will also deploy other instruments available to it where these will have a major impact, including publicity campaigns, standard setting, development of good practice and providing policy advice and research.�� It will be essential for the Commission to work in partnership with its key stakeholders: disabled people and their organisations, business and service providers, government, parliaments, as well as other public bodies and the media.

We felt that one of the most important and urgent tasks in Scotland was to ensure that we had a picture of the actual situation facing disabled people as well as a picture of what is current policy and best practice and what needs doing.�� Our Baseline Study on disability in Scotland, launched at a recent joint conference with the Scottish Executive helps provide a route map for the public, private and voluntary sectors to develop and improve their provision and practice, and will assist in helping us reach a point where disability rights are a standard item on everyone�s agenda.�� The study is on our website and will be available through our Helpline shortly once all formats are available.�� We believe as an organisation that seeks to be exemplar that reports are available to everyone at the same time.

The Commission of course has to work within a strategic planning framework (copies available).�� Our key strategic objectives are:

all disabled people to secure comprehensive rights in practice;

all organisations � employers and service providers � to apply best disability practice and meet statutory requirements;

in key sectors (including education, employment, the built environment, transport, and health & social care), an end to the legal, policy and practical barriers which disadvantage disabled people;

shifting public attitudes to inclusiveness and equality for disabled people;

a high performing, exemplary DRC.

Since the Commission was set up last year we have sought to establish a set of high quality services; strengthening the current policy and legislative framework; raising the profile of disability and our role.�� We have sought to base our approach on partnership, and working with others.�� We see this as fundamental to our role firstly as we have no wish to duplicate the work of others, but also in taking forward equality issues for disabled people we can not and should not do this in isolation.�� So far we have sought to build partnerships with disabled people, the disability organisations and other equality commissions and the Scottish Executive.

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DRC� Services

The DRC has established six main services:� a DRC Helpline,� Website,� caseworking,� conciliation and legal enforcement and� practice development.� Since April 2000, the Helpline has received over 65,000 calls, some 50% more than the originally projected figure.�� The majority of calls are made by disabled people and their advisers, with a further third or so by employers, service providers and their advisers.�� This level of demand and that evidenced by our casework service� demonstrates both the needs and the value of the DRC.

Our casework service has handled some 2135 cases - ten times the original projected number � this service aims to secure solutions to the difficulties and discrimination experienced by a disabled person with an employer or service provider.�� In many cases it has been possible to resolve the difficulties through discussion, sharing of good practice and mediation.�� Where appropriate, however, caseworkers may assist the individual in the required processes for cases coming to Employment Tribunals or (under Part III of the DDA) the Courts.�� Over 55% of the enquiries received have related to matters arising under Part iii access to goods and services of the Act, and some 45% (on a rising trend)� to employment issues.

Outcomes secured by DRC� have included changing a restaurant�s provisions refusing a blind person and their guide dog access,� a local authority changing the venue of its Council meetings,� a telephone company changing the format� of bills for a blind customer,� an employer being informed of how to adjust a steering wheel for an employee with a prosthetic hand,� and a building society making special, backdated provision to enable a woman with learning difficulties to secure the benefits of a share issue.�� A minority of cases have proceeded to the Tribunals or Courts, with the individual being supported directly by the DRC, through expert third parties or on their own initiative.�� We are currently pursuing a number of cases in Scotland, on important precedent setting issues. A new conciliation

Service to implement Part III of the DDA was also set up in March.

Practice Development

The DRC has also established an in-house team to build partnerships with key stakeholder organisations and to help identify and disseminate good disability practice.�� This work focuses on key sectors, and is based on close consultation and collaboration with disabled people and their organisations, representative employer and service provider bodies and external experts.

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Strengthening the policy and legal framework

The DRC has responded to a range of issues, and to consultation exercises conducted by the Scottish Parliament and Executive as well as by the UK Government.�� They key priorities since April 2000 have been as follows:

We have taken forward and worked with Government and the Scottish Executive on the recommendations of the Disability Rights Task Force (DRTF)� which represent a major package of changes in disability rights;

Input into ending the employment threshold and excluding sectors under the employment provisions of the DDA (Part II of the Disability Discrimination Act) which will come into effect in 2004;

Provided advice on the recognition of British Sign Language;

Developed draft Codes of Practice on implementing the SEN and Disability in Education Act;� and

Developed a guide to the Human Rights Act and disability as well as developing a new statutory Code on Part III of the DDA (access to goods and services).

In particular DRC has sought to take forward a number of Scotland specific issues.

DRC Scotland consulted on the Scottish Executive�s behalf with disabled people and housing organisations on the draft Scotland Housing Bill, with the aim of widening the scope of the Bill to include disability considerations.�� This was successful and the Act now includes specific reference to disability and to equal opportunity (especially in affording priority for housing in the case of harassment as a result of disability).� We have also inputted to the Parliament�s consideration of the Scottish Budget to ensure that disability considerations are given appropriate profile in the budget, as well as making the case for health and social care policies to be based on the principles of independent living.� In all of our work we would have sought to consult with our stakeholders, and this is something that we are pledged to continue.

Raising the profile

We believe that working in this way we can make a positive contribution to taking forward and widening disabled people�s rights.� I believe we can be proud of the progress we have made, but there is much more to do. One of the key tasks that lies ahead is to develop awareness of the DDA.� If we can create greater awareness and bring about a wider compliance and better practice, and more service providers and businesses realise that it makes business sense then I believe that trust and confidence in disability rights will develop.

Our task in the coming months is to take this forward as our most recent public opinion survey shows that only 40% of the population in Scotland have heard of the DDA.� However, there is I believe a good basis to work on � the same survey shows that there is a strong support for a rights based approach in Scotland and a strong sense amongst the public that more needs to be done.�� We at the DRC will be setting targets on the development of awareness and will be running campaigns to acquaint more people and organisations with the provisions of the DDA.

We are planning over the coming year a number of specific activities including a major Scotland-wide Roadshow aimed at disabled people, business and public authorities.� This will include events in Glasgow, Dumfries and Galloway, the Highlands and Islands and Dundee.

In addition we are aiming to:

hold information surgeries in the highlands and Islands for disabled people;

Develop partnerships with key employers or organisations across Scotland;

Work with the Scottish Executive and Parliament in the fields of Education, Social Justice, Housing, Health and Community Care as well as Transport;

Promote the contribution of disabled people in public life across Scotland;

Work with the Scottish Executive on the mainstreaming of equalities across the Executive;

Ensure that Scottish experiences and knowledge are fully inputted into the DRC�s GB wide priorities and policies.

I referred earlier to the purpose of our Baseline Study developing knowledge about the actual situation of disability in Scotland and to evidence a base to enable consideration of key issues to establish an agenda for policy makers � a key role for the Forum.

The study in particular found the following:

The numbers of disabled people in Scotland (one in seven of us) show the importance of attention to disability policy;

The demographics also show how important it is for there to be joined up policy making � of the 800,000 disabled people in Scotland two in three are over the age of 60, and 27% of people aged between 70 and 79.�� Services and provisions will need to further reflect this, where they already don�t;

In the case of disabled children whilst the overall numbers may be small, their needs are complex, and demonstrate their importance not just of education policies, but of joined up provision across the different services.�� There is an issue of planning in particular that suggests it needs consideration;

Disabled people tend to have lower incomes than non-disabled people, and are more likely to be unemployed � there needs to be consideration of what steps are going to be necessary to help close the gap;

The social inclusion agenda is becoming more important and there is therefore now a need for there to be consideration as to how disability can be included in milestones and indicators that are being set;

There is a disparity of provision between urban and rural areas.� This suggests considerable attention is necessary to understand how improvements in provision and services in rural areas can be brought about.

The publication of the Disability Rights Task Force recommendations on non-legislative actions leads to and raises opportunities for us and/or others in Scotland to develop policy agenda:

Meeting the housing needs of disabled people, and improving access to the housing sector through effective and accessible information with the Scottish Executive on the implementation of the Scottish Housing Act 2001, as well as liaising with the Scottish Housing Disability Group.

Maritime/Ferry Access through the soon to be created independent advisory Mobility and Access Committee for Scotland, which is likely to be operational by early next year following the Transport (Scotland) Act 2000.

Mainstreaming of the Part T Building Regulations gives opportunities to produce an accessible guide to how the regulations work, so that they are understood and utilised by organisations and disabled people.
Implementation of best practice in health and social care strengthening independent living.�� Independent living must be strengthened as the issue of social care and charges are very much live issues in Scotland given the changes to the social care system and the legislative review that has led to the Scottish Care Regulation Bill.�� there is a need to see that these potentially welcome changes actually translate into improvements for disabled people through widening the categories of people eligible for direct payments, as well as working to ensure that care standards for home and residential care meet the principles for enhancing independent living.�� A consultative approach with individuals and organisations of disabled people and others could input to the National Care Standards Committee, and Scottish Executive and other agencies to improve accountability and quality.

In terms of health treatment by the NHS there are issues of unequal treatment such as life and death decision making incorporating Do Not Resuscitate notices and access to surgery.

The whole issue of genetic testing raises complex and serious issues.

These are significant findings, and they require attention.� We are developing a plan at DRC to take forward a number of issues that arise out of the study and work of the DRTF but I would also like to emphasise that not all actions to be taken forward� are or should be the responsibility of DRC. There are many bodies and actors in the policy arena that these areas are likely to have relevance for.� I am sure that the many organisations here will be keen to take forward issues relevant to their fields of expertise.

It would be wrong for us however to suggest which issues or priorities other organisations should take on.� At DRC we have given considerable thought to which areas we shall be concentrating on. In particular we feel that the approach we should take is to consider a number of key rights based issues - these include:

�Taking forward the issue of access to goods and services by disabled people��

�Working to ensure that the rights of disabled people and children in education under legislation are respected and extended

�Contributing to the development of policies in the health and social care field that will maximise independence and choice for disabled people

� Working with the Scottish Executive on ensuring that disability issues are mainstreamed in policy across the Executive�

�Building awareness across the public and private sectors of the need for inclusive policies and practices

� Working with public bodies to help them ensure milestones and performance indicators include disability issues

�Awareness/ Partnership
Of key consideration is the need for enhancement of status of disability issues across Scotland. DRC�s role is to ensure that the issue of disability rights is taken further, and discrimination tackled.� As I have stated in the past, this is a considerable task, but one which we are intending to pursue with vigour, through a number of different actions, though a nationwide roadshow, awareness surveys and campaigns as well as through taking forward key cases that will have a major impacts, but we can not do this without working in partnership. We see this as fundamental to our approach.

Partnership, not just because it is a core value of the Disability Rights Commission, but also because discrimination cannot be eradicated by the Commission alone, it takes a concerted societal programme including work by business, public authorities including government and last but not least the voluntary sector to fully do.

The need for equality work
There are some people who take the view that because there is now disability discrimination legislation that the work towards equality in the field of disability can be relaxed. I must say that I do not agree with this view. Firstly the baseline study which we have published shows the extent to which there is work to do, secondly it has only been because of the campaign by disabled people and others which led to the legislation that we are now in position to tackle via the law many of the injustices that exist.� The CRE and the EOC have existed for 24 years, and unfortunately because not all the ills of racism or gender inequality have been solved they continue to have large agendas, that they are committed to tackling.�

Voluntary Sector/ Compact

Welcome very much the work of both SDEF and that of other voluntary organisations which raise issues and campaign for better provision and rights for disabled people in Scotland. These bodies have an important role in pushing for greater policies and provisions. Our society would be immeasurably poorer if disabled people, and voluntary organisations of and for disabled people were not and had not been engaged in such activities.

We are pleased to note that the voluntary sector which as I said has a proud record in the field of disability is not sitting on its laurels, and is itself looking to ensure that equality issues are part of the operational practice. I was pleased therefore that the Compact between the Scottish Executive and the Voluntary Sector, has equality of opportunity and pluralism as part of its shared principles:

Pluralism which welcomes the diversity of identities and interests within Scotland, including minority groups such as ethnic minorities and people with disabilities, and upholds the right of each interest to speak on its own behalf.

Equality of opportunity which maximises the opportunities for all people to contribute from their distinctive traditions, religions, cultures, values and abilities to the shared life of the wider community, as well as their own particular communities of need and interest. This includes opposing institutional, or other forms of, discrimination and promoting participation and inclusion.

These are important principles which I am pleased that the voluntary sector is signed up to. In addition I note that the Compact also contains the principle of support for greater� Active citizenship - involving the widest possible participation by people in the lives of their national and local communities. This, is in my opinion, vitally important � there is so much more to be done to involve disabled people in public life, as well as too little attention paid to the contribution that disabled people make. The voluntary sector with its expertise and its values can I believe make a considerable difference here to building an inclusive society through its campaigns and its involvement of thousands of volunteers.

As I have indicated I both value and applaud the work of the voluntary sector. The voluntary sector does employ more disabled people than other sectors, which is very welcome, however there is still a considerable task for the sector to undertake in preparing for the introduction of the provisions of Part III of the DDA in 2004, and the development of good practice guidance for voluntary workers and promoting good practice amongst trustees of charities.

I do hope that you will have an informative, stimulating and productive day and look forward to the work programme of the SDEF developing in due course.

Thank you

Bob Benson

Director, Scotland

9^th July, 2001.

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Scottish Disability Equality Forum

Working together for the disability movement

SDEF is a recognised Scottish charity no. SC031893

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