Policing and Crime Bill

Lord Foster of Bishop Auckland Excerpts

Report: 2nd sitting (Hansard): House of Lords
Wednesday 7th December 2016 Lords Chamber

[Baroness Jones of Moulsecoomb (GP)]

I support the amendment not because I am disabled but because like most of our population I am getting older. Although I can still run for a bus, there is going to be a time when I shall not be able to. So this is not only for disabled people—it is for us all. It is for the whole population, and I think that we have been incredibly flabby as a nation in not putting this into practice before. I was astonished to find that there was this let-out and gap in our legislation and that people can still exclude and discriminate against an important section of society. If we do not all support this amendment today, I think that we are being thoroughly wet and flabby and not living up to the ideals of an enlightened society.

[Lord Foster of Bishop Auckland (Lab)]

My Lords, I support the amendment. I was a member of the ad hoc Select Committee so ably chaired by the noble Baroness, Lady Deech, along with others who have already spoken. It was a great learning experience. In my long lifetime, if not as long as some in this House, I have always been struck by the immense progress that we have made over the years. But when you get into the detail, you are absolutely appalled that the rest of society imposes on our many colleagues with disabilities that they shall not enjoy that which we all take for granted. Imagine if we were not able to go into a restaurant or a pub—I am a teetotaller, but I spent half my life in pubs and bars trying to find Labour Members when I was Labour Chief Whip. It is appalling that we expect disabled people to put up with second best.

The Act put through in 1995 by the noble Lord, Lord Hague, is one of which the Tory Party is rightly very proud. I ask the Government to live up to that Act and agree to the amendment.

[Lord Low of Dalston (CB)]

My Lords, I want to deal briefly with the argument that the amendment is not necessary because it simply duplicates what is already in the law. Licensed premises, including entertainment venues such as pubs, clubs and restaurants, are obliged under the Equality Act 2010 to make reasonable adjustments for disabled customers. It is intended to be an anticipatory duty; it falls on service providers to make the reasonable adjustments and take the appropriate action ahead of any disabled person coming along and asking to be allowed to avail themselves of the service. However, the Equality Act duty is widely disregarded, placing the onus on the individual to enforce the duty, when enforcement is extremely difficult for the individual on account of its cost and complexity.