Disability Discrimination Act

House of Lords written question – answered on 15th July 2008.

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Photo of Lord Lester of Herne Hill Lord Lester of Herne Hill Liberal Democrat

asked Her Majesty's Government:

Whether they intend to introduce legislation amending the Disability Discrimination Act 1995, having regard to the decision of the House of Lords on 25 June in London Borough of Lewisham v Malcolm ([2008] UKHL 43), so that due allowance is made for the consequences of a person's disability, for example, in a case where there is a ban on dogs in restaurants, which has a disproportionate effect on blind people who rely upon guide dogs to get about.

Photo of Lord McKenzie of Luton Lord McKenzie of Luton Parliamentary Under-Secretary, Department for Work and Pensions, Parliamentary Under-Secretary (Department for Work and Pensions) (also in the Department for Communities and Local Government)

The Government are giving careful consideration to the judgment in London Borough of Lewisham v Malcolm and any impact it may have on disability discrimination legislation.

This judgment does not alter the duty placed on service providers to make reasonable adjustments for disabled people, where it would otherwise be impossible or unreasonably difficult for a disabled person to access the service. For example, where it was reasonable to do so, a restaurant owner would have to make an adjustment to a policy of not allowing dogs into the restaurant to one that would allow disabled people with assistance dogs into the restaurant.

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