DISABILITY LEGISLATION (UK)

In the UK, The Disability Discrimination Act (1995) provides legal rights and obligations affecting disabled people’s access to services, employment and education. It aims to end the discrimination that many disabled people face and affects virtually everyone who provides goods, facilities and services to members of the public, whether paid for or free-of-charge. As a ‘service provider’, your business has responsibilities under The Disability Discrimination Act.

The DDA defines disability, and identifies who is protected under it. The definition is broad: ‘a physical or mental impairment which has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities’.

Part 3 of the Act introduced duties on service providers in three stages:

1.From December 1996, it has been unlawful for service providers to refuse to serve a disabled person, offer a lower standard of service or provide a service on worse terms to a disabled person for a reason related to his or her disability.

2.From October 1999, service providers have had to make reasonable adjustments for disabled people in the way they provide their services.

3.From October 2004, service providers have had to make reasonable adjustments in relation to the physical features of their premises to overcome physical barriers to access.

From October 2004, where a physical feature makes it impossible or unreasonably difficult for disabled customers to make use of a service offered to the public, service providers have had to take measures, where reasonable, to:

1.remove the feature
2.alter it so that it no longer has that effect
3.provide a reasonable means of avoiding the feature, provide a reasonable alternative method of making the service available to disabled people (this fourth duty has been in force since October 1999)

DISABILITY LEGISLATION (IRELAND)

There are a number of Acts that provide a legislative framework for organisations to ensure that premises and services comply with minimum accessibility requirements. These include the Equal Status Act 2000, the Employment Equality Act 1998 and the Safety, Health and Welfare at Work Regulations 1993. In addition, key national plans such as the Programme for Prosperity and Fairness 2000 and Sustaining Progress 2003 have also promoted accessibility.

In 2000, the Government launched their mainstreaming initiative which required public bodies, where possible, to integrate services for people with disabilities. The Disability Act, 2005 is a positive action measure designed to advance and underpin the participation of people with disabilities in everyday life.

Irish policy and legislation that affects accessibility of the built environment in Ireland for people with disabilities is mainly controlled by Part M of the Building Regulations (2000) entitled “Access for People with Disabilities” Part M ensures that as far as is reasonable and practicable; buildings should be usable by people with disabilities. A Technical Guidance Document for Part M is also provided in three sections, which include access and use, sanitary conveniences and audience and spectator facilities.