Consultation

In October 2005 BSA responded to a government consultation on the Disability Discrimination Act (DDA) 1995, concerning guidance to tribunals on the meaning of disability. Amongst other things:

1. We submitted that basically anyone with a stammer should be protected by DDA 1995. The guidance currently says that a 'minor stutter' is excluded. Our argument was partly based on logical consistency of the guidance, but also a person who blocks mildly in a job interview and is therefore discriminated against will rightly feel aggrieved if he or she is excluded from protection.

2. There should be much clearer guidance to tribunals on the hidden effects of stammering, such as avoidance, word substitution etc. We said that a tribunal should not, as happened in one case a few years ago, just look at the overt effects of stammering. It should take into account if the person is avoiding, for example, phone calls wherever possible, so that the effect of the stammer is much greater than would be apparent from just listening to the person.

Update March 2006: The outcome of this consultation, namely revised guidance on meaning of disability, is now available subject to parliamentary approval at www.dwp.gov.uk/consultations/2005/. The guidance helps the DDA to be applied to specific situations, and there is now more advice on stammering.
In February 2006 BSA also provided a detailed submission to the Disability Rights Commission's consultation on the definition of disability, arguing that all stammering should in principle be covered.
Full details on both these consultations will be in the Summer 2006 issue of Speaking Out.

DDA 2005

On the 5th December 2005 some of the new rules protecting local councillors and covering larger private clubs come into effect. December 2006 is the likely implementation date for:
important rules on public authorities;
coverage of general qualifications bodies perhaps, including GCSE and A-level exam boards; and
regulations bringing most land-based public transport such as buses and trains within the DDA (there is a different timetable for physical adaptations).

A draft code of practice on transport has been issued for consultation. This includes an example of a person with a speech impairment who has difficulty telling a bus driver where he wants to go. The draft says that the driver is unlikely to be justified in refusing to allow him on the bus to avoid delaying other customers waiting to board. That should apply from late 2006. DDA 1995 already covers some transport-related services, eg services at public transport premises such as ticket offices at railway stations.

In Northern Ireland

New rules against disability discrimination in education came into effect on 1st September 2005. Education includes schools, further and higher education institutions and qualifications bodies. Great Britain has had rules on much of this area since September 2002. There are proposals for further changes in Northern Ireland which reflect many of the DDA 2005 provisions for the rest of the UK.

From the Winter 2005 edition of Speaking Out (with March 2006 update on consultation)

See also:
Reviewing the DDA - overview of the DDA from October 2004