An appointed day order providing for the phased implementation of the Island’s Disability Discrimination Act over a four year period from next year will be moved at the December Tynwald by Health and Social Care Minister Howard Quayle MHK.

The move follows a Tynwald resolution of July this year calling on the Department of Health and Social Care to bring forward regulations with a view to the Act coming into operation in 2016.

The Disability Discrimination Act makes it unlawful for a provider of services to discriminate against disabled persons when providing that service. It also places a duty on a provider of services to make adjustments in the way the service is provided if it is impossible or unreasonably difficult for a disabled person to make use of the service.

The proposed phased introduction takes into the account the potential costs for business, the third sector and Government of compliance with the legislation, and allows time for awareness raising and preparation.

Subject to Tynwald approval, the phases will be as follows:

• Phase 1, from 1 January 2016, allowing for the making of Guidance in relation to a disability and a Code of Practice.
• Phase 2 commences on 15 December 2016 and provides that it will be unlawful for a provider of services to discriminate against a disabled person in relation to the provision of goods, facilities and services. Provisions within this phase would also make it unlawful for landlords and other persons to discriminate against a disabled person in the disposal or management of premises in certain circumstances.
• Phase 3 commences on 1 January 2018 and imposes a duty on the service provider to take such reasonable steps to facilitate changes to practice, policy or procedure where such current practices make it impossible or unreasonably difficult for disabled persons to make use of a service. The requirement for the provider to take such reasonable steps to provide an auxiliary aid or service, where such would allow a disabled person to make use of a service which the provider provides, is also introduced under this phase.
• The final phase of the Act’s introduction commences on 1 January 2020 and imposes a duty on service providers to address physical features of a building, or the access or approach to premises if it makes it impossible or unreasonably difficult for disabled persons to make use of that service. This may include removing or altering features to allow access, providing reasonable means of avoiding features that affect access or providing an alternative method of making the service available to disabled persons.