New disability duties were introduced in January 2007 for public authorities. The Equality Commission for NI provided the following information for public authorities at a seminar on 17 January 2007.
Disability Duties for Public Authorities introduced January 2007
1st Duty – Mainstreaming Duty
Public authorities must, when carrying out their functions, have due regard to the need to:
promote positive attitudes towards disabled people; and
encourage the participation by disabled people in public life (‘the disability duties').
2nd Duty – Duty to produce an Action Plan
Public authorities subject to the disability duties must prepare and submit to the Commission a plan (‘disability action plan') showing how they propose to fulfil the disability duties;
Must be submitted to Commission;
Reviewed every 5 years (same time as review of equality scheme);
Commission recommending annual progress report.
Timescale
Duties take effect on 1 January 2007;
Public authorities (subject to duties as at 1 January) must submit plans by 30 June 2007;
Public authorities (subject to duties after 1 January) must submit plans within 6 months of request;
Includes 2 month consultation period before submission.
Disability Action Plan – what must be included?
Introductory statement;
Consultation statement;
Measures;
Timescale for measures;
Performance indicators/targets;
Details of how plan is to be published.
Suggested Measures
Encouraging participation in public life:
Encourage disabled people to apply for positions;
Remove barriers to selection process;
Remove barriers to their participation in public life positions;
Create opportunities for involving disabled people in public life positions;
Encourage others to promote their participation in public life.
Promoting positive attitudes:
Reviewing external or internal communication policies;
Recognising and valuing the contribution of disabled employees and office holders;
Establish a complaint/feedback mechanism;
Awareness raising campaigns/events which encourage positive interaction between disabled /non disabled people;
Encourage others to promote positive attitudes.
Performance Indicators/Monitoring
Performance Indicators:
Plan becomes outcome focused;
Small scale targets;
Wider scale indicators.
Monitoring Procedures:
Qualitative;
Quantitative.
Enforcement
Report to Assembly if:
failure to submit plan within timescale;
failure to submit revised plan within 3 months of request by ECNI;
failure of revised plan to conform to Guidelines.
Judicial Review;
Breach of equality scheme.