Equalities Legislation: Guide Dogs

Debate between Alex Chalk and Kirstene Hair

Wednesday 5th September 2018 Westminster Hall

[Alex Chalk]

The hon. Gentleman is right. There is a wider point here about access to justice—a point made by Lord Reed in a recent Supreme Court case in the context of employment tribunals. He said that unless there is proper access to justice, the whole process of election of MPs to pass laws risks becoming “a meaningless charade”.

There is an issue about whether people can get before courts, but my point is slightly different: should that be the only credible remedy and recourse for the wronged party? I do not think it should. The system as it relates to taxi drivers recognises the fact that it is wrong to place the entire burden on the individual. With taxi drivers, the police can get involved; they can go along and say to an individual, “Did you realise that it is a breach of the Equality Act not to allow that person into your taxi with a guide dog? I may or may not decide to press this and bring proceedings for a £1,000 fine.” However, the police and, indeed, councils do not have that discretion when it comes to bricks-and-mortar premises. That strikes me as inconsistent, and it means that the individual is faced with the dilemma of whether they want to spend a considerable amount of time, effort and stress, and head off to the county court to issues proceedings, when ultimately the remedy may be relatively modest from a financial point of view.

In my experience, individuals want to seek justice—that is to say, the breach being marked, a record being made and advice or training being given as required. Crucially, if the premises becomes a repeat offender, it must be possible to make that clear and for consequences to follow for the business’s livelihood. That is what justice is.

[Kirstene Hair (Angus) (Con)]

I thank my hon. Friend for bringing this important debate to the House. My local council, Angus, which incorporates my local guide dog training centre at Forfar, has been brilliant in adopting a street charter to ensure that streets are not obstructed and are accessible by all; it has also exempted local guide dog owners from parking restrictions. Does he agree that not only should we be making it easier for people to get justice, if they have been unfairly treated, but we should promote better practice in local authorities, to ensure that advice is readily available for local shop or restaurant owners?

[Alex Chalk]

I entirely agree with my hon. Friend and I commend her council for taking those enlightened steps. The problem is that geographically the approach taken is a bit hit and miss. It is patchy, so someone with disabilities might find that one year they live in a local authority that is proactive and in another year they live somewhere where the position is markedly different. I agree that better training and awareness is important, but with the carrot must come the stick. Premises that do not want to avail themselves of the guidance and teaching available must be aware that should they choose to ignore it, there could be consequences for them. Too many may take the view that it is part of the cost of doing business: they might get a bit of flak on social media, but from a commercial point of view, ultimately there will be no comeback. We need to redress the balance so that there can be a proportionate comeback.

We should not be living in a society where the individual who has been wronged is effectively left with the choice of opening the social media gates of hell. They may be uncomfortable with the kind of vigilante response that that could elicit. The last thing the responsible citizen who was wronged in Cheltenham wanted was someone putting a brick through the window. He did not want to see the business close down. He recognised that sometimes people fall into error. What stuck in his craw—and in mine—is that there does not seem to be a middle way where the breach can be marked in a proportionate, process-driven way.