General Council Report 2002: Chapter 2

General Council Report 2002

• equal rights
• 2.1 Introduction
• 2.2 TUC equality audit
• 2.3 TUC equality conferences
• 2.4 Equality law
• 2.5 Women’s equality
• 2.6 Race equality
• 2.7 Lesbian, gay, bisexual and transgender rights
• 2.8 Disability

equal rights

2.1 Introduction

As well as carrying out extensive work in their areas of expertise, the four TUC equality committees have dealt with issues that cut across their respective responsibilities. These concern matters both internal to the trade union movement, ie. the TUC equality audit - and external, in particular a range of issues arising from new equality legislation to be enacted in 2003 and 2006. These cross-cutting matters are reported below - followed by reports of highlights from each committee’s work during the year.

2.2 TUC equality audit

The 2001 Congress agreed a General Council statement that included a change to the TUC rules that aimed to ensure a lasting legacy of the Stephen Lawrence Task Group’s work. This important decision of Congress enables the TUC’s work on institutional inequality to continue in a structured and schematic way. Congress agreed that the impetus provided by the work of the task group afforded the opportunity to tackle inequality on a wider basis than race. The rule change was to be accompanied by a TUC equality audit process with unions that would inform a progress report to be made to Congress every two years. During the year, the equality committees, the Executive Committee and union officers have assisted in the initial stages of a project to support affiliates in identifying and tackling inequality within their own organisations.

The equality audit will be based on a simple questionnaire, approved by the General Council in July. It will be circulated to unions in the autumn and will seek information in all the equality areas and all areas of union activity, including collective bargaining; publicity materials/campaigning; representation and advice; organisation and structures; education/training/lifelong learning; organising and recruitment; complaints procedures; public appointments and political activities; employment practices; and services and benefits. The TUC’s own activities will be audited. The first report to Congress will be made in 2003.

Support will be available from the TUC to unions throughout the process, including through briefings for officers and new materials to help affiliates develop their work on equality issues.

A resolution of the 2001 Congress referred to the need for development of TUC and affiliates’ structures to support equality and promote diversity. It called for a new TUC award for achievements in equality, and this is currently being designed.

2.3 TUC equality conferences

The first formal, motions-based equality conference of the 2001-2002 Congress year was the new format Disability Conference, held in Congress House in December. Chaired by Pat Hawkes from the General Council, the conference delegates debated motions, participated in an informal session on genetics, and elected members of the new TUC Disability Committee. Two hundred and eight delegates from 27 unions attended, debating a range of motions covering legal and benefits issues, as well as workplace discrimination, access to services such as transport and specific education matters. Speakers were the TUC President Tony Young and the General Secretary John Monks, the Minister for Disabled People Maria Eagle, and Caroline Gooding from the Disability Rights Commission.

The Women’s Conference was held in Eastbourne in March. Diana Holland chaired and guest speakers were the President and General Secretary; Barbara Roche, Minister for Women and Equality; Ghada Karmi, Vice-Chair of the Council for the Advancement of Arab-British Understanding; Nicola Harwin, Director of Women’s Aid; and Helen Jackson MP, sororal delegate from the Labour Party. The 279 delegates from 43 unions carried resolutions on equal pay, work-life balance issues, aspects of women’s employment, childcare, public services, women’s poverty and health, and international matters. As mentioned below, one highlight of the conference was an informal session where delegates in workshops discussed the impact of domestic violence on the workplace and steps unions and employers could take to tackle it. These discussions, together with the results of a survey among delegates, will feed into two new TUC publications giving guidance to employers and unions on dealing with the effects of domestic violence on the workplace.

Two hundred and twenty nine delegates from 40 unions attended the Black Workers’ Conference in April. The conference was held in Southport and was chaired by Martha Osamor. Once again the President addressed the conference, as did the Deputy General Secretary, Brendan Barber. Other speakers were the Minister Angela Eagle, Muriel Dalgliesh from FNV Netherlands, Doreen Lawrence - to whom the Congress Gold Badge was presented, and Elsa Ramos from the ICFTU. The resolutions carried covered a range of subjects, including motions from the conference to Congress (see chapter 14), legal reform, ethnic monitoring and other workplace issues, religious tolerance and combating racism in communities, international issues - including the UN world conference against racism, reported below, criminal justice system issues, and public services.

The final equality conference of the Congress year was the fifth (newly titled) Lesbian, Gay, Bisexual and Transgender Conference, held in Congress House in July. As has become the tradition, four committee members chaired sessions: Lesley Mansell, Andrew Taylor, Pat Carberry and Mary Page. One hundred and eighty delegates attended, and carried resolutions on legal matters, pensions, workplace issues, health, and international issues. There were also debates on the institutional arrangements to support the forthcoming anti-discrimination legislation, including the possibility of a singe equality commission; and on the relationship between the conference and Congress. Speakers were David Lascelles, elected by Congress 2001 as the first representative of LGBT trade unionists to sit on the General Council; the President and Deputy General Secretary; the Minister Barbara Roche; and two speakers on the experiences of the British asylum system: Barry O’Leary, solicitor; and a gay asylum seeker from Jamaica who wished to remain anonymous.

Each equality committee is taking forward the decisions of the conferences, and each conference selected by ballot a motion to go forward onto the agenda of the 2002 Congress.

2.4 Equality law

In March the TUC responded to a government consultation on implementing the EU directives on race and on employment, which require member states to introduce legislation to outlaw unfair discrimination on grounds of race, sexual orientation, religion or belief, disability and age in employment and training. Only the race directive applies to areas such as education and goods and services.

As well as proposing new legislation, the consultation document said that the Government believed that in the longer term there were arguments in favour of a single statutory commission offering integrated advice, guidance and support on equality matters.

The TUC response dealt in detail with the proposals in the different equality areas and with the several cross-cutting issues. It took into account the points raised in the motion sent to Congress by the 2001 TUC Lesbian and Gay Conference (remitted). The response also argued for a new approach to equality legislation, based on positive duties to promote equality, and set out the principles on which new harmonised equality legislation should be based. These included clear and consistent standards, and a regulatory framework that encouraged self-generating measures to promote equality. The response left open the question whether this would be best achieved through a single equality act.

On the question of a single commission, the response acknowledged that institutional arrangements would need to be made to support the three new discrimination areas that the legislation would cover. The TUC specified a number of criteria that any new arrangements would need to meet, including sufficient resources, no hierarchy among the different equality strands, the involvement of unions and a wide range of functions including law enforcement.

These issues have been discussed by the TUC equality committees and featured particularly strongly at the July 2002 TUC LGBT conference. In May, the Minister Barbara Roche announced a review of all the relevant issues to be taken into account in moving towards a single equality body, including the interim arrangements for sexual orientation, religion and age. A government consultation is expected in the autumn. The TUC hosted a large consultative meeting with unions on all this territory in June, addressed by TUC commissioners currently serving on the CRE, DRC and EOC. A joint meeting of the four equality committees will be held to inform the TUC response to the forthcoming government consultation.

The TUC’s annual Discrimination Law Conference, in collaboration with IRS, was held in January. As always, it was oversubscribed, with over 400 participants listening to presentations by leading discrimination law experts, including Lord Lester QC; barristers Tess Gill and Robin Allen QC; Michael Rubenstein IRLR, Aileen McColgan London University King’s College, and Nicola Dandridge of Thompsons solicitors. Lucy Anderson spoke from the TUC, the Deputy General Secretary Brendan Barber gave the welcoming address, and the conference was chaired by the President Tony Young.

As reported in chapter one, in April the TUC, in partnership with Justice, held a conference on Protocol 12 of the European Convention on Human Rights.

2.5 Women’s equality

The Women’s Committee have overseen a wide range of activities. As well as the initiatives set out below, the Committee have maintained a working relationship with the Government’s Women and Equality Unit, cooperating on two EU funded projects on women in the labour market and equal pay; and supporting efforts to encourage more women to apply for public appointments. Close contacts have also been maintained with the Women’s National Commission and the Equal Opportunities Commission, where the TUC Commissioners have been Jeannie Drake and Kay Carberry. EOC chair Julie Mellor has been invited to address the 2002 Congress.

Work-life balance and flexibility

During the year the subject of work-life balance has continued to be a priority, with developments in the areas of rights for working parents and in practical projects.

The TUC has continued to focus on developing a practical partnership approach to work-life balance and the organisation of working time.

The popular step-by-step TUC guide to implementing work-life balance, Changing Times, has been the basis for a number of further initiatives aimed at ensuring that the TUC remains at the forefront of the debate on the quality of working life. The guide has sold well to unions and employer organisations.

In November, with DTI support, a new TUC Changing Times microsite on work-life balance (www.tuc.org.uk/changingtimes) was launched to disseminate understanding of the TUC Changing Times process and the trade union role in implementing work-life balance. It was formally launched by DTI Minister Alan Johnson at the College of North-East London’s trade union studies centre during a reception attended by trade unionists and employers. The site includes case studies, news and a large number of hyper links to unions and organisations dealing with work-life balance. In July a fortnightly e-newsletter Changing Times News (www.tuc.org.uk/ctnews) was launched with work-life stories and news from the UK and around the world.

During the year TUC Education has piloted flexible one, two and three day courses on the Changing Times process. The courses can be customised and delivered across unions and sectors or to joint union/management teams from individual workplaces. During the spring and summer the Changing Times course was offered in 15 TUC trade union studies centres across the country and will continue to be offered during the next Congress year.

The TUC has acted as a gateway to the DTI Challenge Fund, which opened its fourth round of bids to fund work-life balance initiatives in the spring. Advice was offered to the Department as to how to attract greater interest from unions, and to unions on applications to the Fund. A number of unions were involved in successful applications either as an employer or in a joint application with an employer.

Further progress has been made through the PCS/Inland Revenue OurTime 18 month partnership project on the organisation of working time, co-ordinated by TUC Senior Policy Officer Jo Morris. This is an initiative designed to improve staff work-life balance whilst meeting the demands of the Government’s Modernising Government agenda for a more customer-focused service. The pilot provides a template for other areas of the Inland Revenue and other government departments on how to involve unions and employees in decisions about the way work is organised to increase staff options on working time patterns.

The link between work-life balance and lifelong learning was established early in the project and mini-learning centres set up in each of the three area offices. Computers have been jointly funded by the Inland Revenue and PCS, while the TUC trades union studies centre at Lewes College provided free computer access for one office. PCS Learning Centre provides free access to Learndirect courses for all staff in the Sussex Area. An agreement on the use of the computers as part of the flexitime scheme has being drawn up. The learning centres have encouraged use of LearnDirect courses, as well as developing a very active role for PCS learning reps and giving PCS Learning Services new opportunities. With the TUC, in August PCS published Bringing learning into work - a union guide to setting up learndirect access points, building on the experience of the Sussex pilot.

As reported to the 2001 Congress, the Government set up the Work and Parents Task Force in May 2001, with TUC representation, charged with recommending steps to implement the Government’s commitment to give working parents a right to request flexible working. The task force reported in November 2001, with most of their recommendations accepted by the Government. The outline of the new scheme is contained in the new Employment Act, with much of the detail in draft regulations currently out for consultation. From April 2003 parents of children under six will have a right to request flexible working, with the employer under an obligation to give the request serious consideration.

The TUC has also been consulted on draft regulations that will improve maternity and adoptive rights, and introduce paid paternity leave - all from April 2003.

A motion remitted from the 2001 Congress drew attention to the position of part time workers. The TUC responded in detail to a consultation on the part time work regulations, as reported in chapter one.

Childcare

In September 2001 the Women’s Committee established the Trade Union Forum on Childcare - a partnership forum between the trade unions and the Daycare Trust. The Forum is open to all trade unions, and the meetings have so far focussed on issues including childcare for atypical and shift workers, welfare reforms relating to childcare, and the terms and conditions of childcare workers. The forum meets quarterly and has had presentations from government departments and childcare organisations, as well as individual unions.

Domestic violence

The Women’s Committee have been gathering evidence of domestic violence campaigns organised by individual unions, and examples of workplace policies which cover domestic violence. Surveys completed by Women’s Conference delegates and the conclusions of workshops at the conference were collated into a widely circulated TUC report, Breaking the Silence on Domestic Violence. The material will also feed into forthcoming publications, to be launched on the UN International Day Against Violence Against Women on 25 November.

The TUC has been working closely with various agencies and organisations associated with domestic violence, and has participated in the Government’s work on assessing the economic costs of domestic violence. The TUC is also represented on the Women’s National Commission’s Violence Against Women working group.

2.6 Race equality

The Race Relations Committee continued their programme of work on a range of race equality issues. Particular attention was given to continuing the work of the TUC to challenge institutional racism in the workplace and within the trade union movement.

A resolution of Congress 2001 drew attention to the need for the TUC and affiliates to develop structures and activities that support and promote equality. This remained a particular focus of the work of the Race Relations Committee, who, together with the other equality committees, have advised on the new equality audit process, reported above.

The TUC has continued to maintain close working links with the Commission for Race Equality (CRE). Gloria Mills has served as the TUC CRE Commissioner.

Among other race equality activities during the year the TUC has participated in an advisory board for a new pan-European project led by the University of North London on race equality; and in the ETUC Migrant Workers Working Group. During the last year this working group has advised the ETUC on responses to proposals from the European Commission relating to a common European wide immigration policy.

Race Relations (Amendment) Act 2000

A resolution of Congress 2001 emphasised the need for an increase in the representation of black staff within the public sector. The Race Relations Committee welcomed the introduction of the Race Relations (Amendment) Act 2000 as a systematic means of achieving these aims.

In December 2001 the Commission for Racial Equality (CRE) published draft guidance on the new duties for public authorities introduced by the Race Relations (Amendment) Act 2000. The TUC responded to four draft CRE codes of practice and draft guidance on ethnic monitoring, published for consultation. An officer level working group assisted the committee in this work.

The TUC continues to be concerned that the main duties of the RR(A)Act do not apply to the private and voluntary sectors: there is a danger that a two tier system of rights and duties will be created; and there could be problems in clearly identifying where the responsibility for the duty lies where services are contracted out.

United Nations World Conference

The United Nations World Conference Against Racism, Racial Discrimination, Xenophobia and Related Intolerance was held in Durban South Africa from 31 August to 8 September 2001. This was preceded by a forum for non-governmental organisations (NGO Forum) which took place from 28 August to 1 September 2001. The main conference was for governments and governmental bodies and represented the third such gathering aimed at developing an international response to racism.

Several members of the Race Relations Committee attended the conference together with Roger McKenzie, TUC Race Equality Officer. Gloria Mills was appointed as a TUC representative on the United Kingdom Government delegation to the conference.

The NGO Forum for non-governmental organisations included a labour caucus led by the ICFTU, who organised a seminar, that was included in the formal UN Conference programme. Members of the Race Relations Committee played an active role in all these activities, and Roger McKenzie was responsible for drafting and presenting the labour caucus’ contribution to the NGO Declaration and Plan of Action.

Trade union representatives shared the view of Mary Robinson, the United Nations High Commissioner for Human Rights, on the intemperate language used in parts of the NGO Declaration and Plan of Action document. Trade unionists at the conference were also concerned that there appeared to be a number of irregularities with the adoption process. As the final text was still being negotiated at the closing plenary, no discussion or voting could take place.

The Race Relations Committee believes that many parts of the document will provide unions and other stakeholders with useful guidelines and information in fighting racism. The section on ‘Labour’ is as drafted by the TUC on behalf of the labour caucus.

In the main governmental conference plenary, Baroness Amos for the UK Government highlighted the British trade union movement’s involvement in challenging institutional racism.

The governmental version of the UN Declaration and Programme of Action, was published at the end of January 2002, with all the major concerns of the trade union movement included. The inclusion of references to the ILO and trade union concerns in sections on migrant workers, indigenous peoples, globalisation, racism at the workplace and the labour market, and the role of trade unions in fighting racism, was due both to the concerted work of trade unionists in Durban, and their lobbying work at national and regional level.

The Race Relations Committee are working on the follow-up to Durban, including playing an active role in developing the UK action plan to follow-up the outcomes of Durban.

Disturbances in Northern Towns

A resolution of Congress 2001 expressed concern over the civil disturbances in a number of northern towns during the earlier part of the year. The General Council decided to send a high level delegation to some of the towns that witnessed these disturbances. The aims of the visits were to listen to the views of the various stakeholders and to identify the practical contribution that the trade union movement could make towards uniting communities against racism and to begin to halt the electoral progress being made by the British National Party (BNP).

The first delegation to Oldham took place on 14 and 15 November 2001. The delegation comprised John Monks, General Secretary; Tony Young, President; Gloria Mills, General Council lead member on race equality; and Glenroy Watson of the Race Relations Committee. Roger McKenzie, Race Equality Officer was also in attendance. The delegation met civic and community leaders and also visited Ferranti Technologies where John Monks signed a joint declaration with management against race discrimination.

In Oldham, John Monks and Tony Young both addressed a successful launch meeting of the Coalition Against Racism (CAR) which was attended by more than 500 people. The CAR brings together a large number of organisations committed, in the short term, to ensuring that the BNP did not gain electoral success in the local elections in May 2002.

The General Council expressed concern that concerted action was necessary to ensure that the BNP did not make advances on the support they secured at the general election in June 2001 in Oldham. Although the level of votes received by the BNP in the local elections was still a cause for concern, they did not manage to win a seat on Oldham Council. The more medium and long term objectives of CAR are to begin to contribute towards tackling some of the more deep seated causes of the disturbances in Oldham. The TUC has welcomed the CAR as a broad-based coalition that enjoys wide political and community support.

The second delegation to Bradford and Burnley took place on 18 April 2002. This delegation was again led by John Monks, Tony Young and Gloria Mills, and also included Sofi Taylor of the Race Relations Committee and Wilf Sullivan of the Equal Rights Department.

In Bradford the delegation attended a roundtable discussion of local Asian business leaders, community leaders and young people, which was hosted by a local charity organisation called QED. Members of the local trades union councils and TUC regional council also participated in this event.

Community representatives expressed a number of views on issues faced by communities in Bradford. These included problems relating to the social and economic conditions in which people lived, lack of educational achievement, crime, and problems between the various faith groups. Representatives felt that the TUC could play a useful role by lobbying and putting pressure on employers to employ more Asian workers.

In Burnley the delegation began by meeting a group of community leaders in the Denholme Ward and witnessed the social deprivation and poor housing in that part of Oldham. Some members of the delegation stayed and had a discussion with the group whilst John Monks and Tony Young undertook a factory visit.

The community representatives identified the need for bridge building between the communities and acknowledged the problem that arose from the segregation between Asian and white communities in both the working and social environment in Burnley. The problems of unemployment and poor housing in the town were highlighted. Many of the same issues that had been mentioned by community representatives in Bradford arose again in Burnley. The problems of educational under-achievement, exclusions from school and segregation within the education system, the prevalence of drug-related crime and the negative role that the local press had played in the way they covered local issues were once again key issues. As in Bradford, the community representatives in Burnley felt that the TUC could play a useful role in lobbying the Government for extra resources and investment in Burnley.

John Monks and Tony Young visited Lupton & Place, a long-established family engineering firm in Burnley. The aim of the visit was to highlight the economic effect that the election of BNP Councillors may have in Burnley. There was a risk of reduced investment in the area if Burnley became labelled as a racist town and community

division that the BNP would attempt to exploit. The visit attracted press attention and a BBC interview with the factory owner was broadcast on 28 April as part of an in-depth report on the BNP’s activities in Burnley.

The delegations met with a number of Labour Party members in Burnley who were campaigning against the BNP. Mixed views were expressed about the prospects of the BNP winning seats in the local election with some members at the meeting feeling that it was a distinct possibility that the BNP might win some seats. This was unfortunately borne out by events with the BNP securing three seats on the Council.

The Race Relations Committee considered a number of reports on the disturbances of 2001. These had been commissioned, by either the local authorities involved or by the Government, in order to investigate the underlying causes to the disturbances. The Government commissioned reports were from (a) the Community Cohesion Review Team, chaired by Ted Cantle a former Chief Executive of Nottingham City Council and including Mohammed Taj from the General Council and former General Council member Bob Purkiss in his capacity as Chair of the European Monitoring Centre on Racism and Xenophobia; and (b) a Ministerial Group on Public Order, led by Home Office Minister John Denham.

The Committee continues actively to keep all these issues under review.

2.7 Lesbian, gay, bisexual and transgender rights

In its first year under its new inclusive title, but its fourth year since its creation, the TUC Lesbian, Gay, Bisexual and Transgender Committee has continued to oversee a range of campaigning initiatives and to press on in pursuit of long term objectives of mainstreaming LGBT issues as trade union concerns, and promoting trade unionism to the various communities represented in the TUC structure, in a campaign directly linked to the anti-discrimination law work. A resolution of Congress 2001 confirmed TUC policy and support for this campaign. The government response to the EU Article 13 Employment Directive offers the first significant breakthrough for the partial achievement of TUC objectives in this area.

In order to enable the committee to benefit from the experience and knowledge of a member of the transgender community in dealing with its new area of responsibility, unions were invited to nominate an appropriate person to attend committee meetings as an observer, and as a result Angela Clayton (Prospect) will be attending the committee in 2002/3.

Legislation

The introduction of the EU Article 13 Employment Directive means that, for the very first time, workers will be protected against discrimination in employment on grounds of their sexual orientation. The TUC alongside the lesbian and gay community has campaigned for such a law over many years so the Government’s announcement of regulations to implement the Directive was welcomed as a significant step forward in the campaign for lesbian and gay equality.

The TUC response to the consultation on this regretted that the opportunity was not taken to provide the same range of protection against discrimination as is provided by other anti-discrimination laws, because goods and services would not be covered. The TUC also drew attention to a number of areas where the government proposals did not go far enough.

One of the most important of these concerned pensions, where the Government proposed to allow occupational pension schemes that currently discriminate in favour of married scheme members to continue to do so. The TUC had organised meetings of union legal and equality officers to discuss the possible applicability of the Human Rights Act to this area and, working with Stonewall, commissioned counsel’s opinion on the legality of this exemption. The opinion received was that the Government could not rely on the terms of the Directive to permit a general exemption.

The TUC also expressed concern that the exemptions permitted religious organisations to discriminate in favour of those supporting their ‘ethos’ were far too broadly drawn and would lead to unfair discrimination and inevitable legal conflict. The TUC also said that there needed to be an effective and properly resourced interim means established to offer assistance to individuals in exercising their new rights, pending any changes to the equality commissions.

In February 2002, a petition calling on the Government to introduce anti-discrimination legislation with the same scope as the RRA, SDA and DDA, which had collected many thousands of signatures during 2001, was presented to the minister Barbara Roche, at a reception in Westminster attended by many parliamentarians. At the same time, an updated TUC report (Winning lesbian and gay equality) was published, updating the case for anti-discrimination legislation and drawing attention to many examples where employers have already, through negotiations with unions, introduced

non-discriminatory employment practices.

This report, and the pensions issue in particular, have formed the centre of continued campaigning in the community. The TUC has organised a trade union presence at each of the community Pride and Mardi Gras festivals held in many towns and cities across Britain during 2002. There was a strong trade union presence at the annual Pride parade in London on 6 July and a block of trade union stalls at the Mardi Gras festival in Hackney that followed. Many leaflets and copies of the report were distributed.

In other areas of legislation, the TUC has kept up the pressure on the Government to try again to repeal section 28, and supported the private members’ bills to bring about rights for same sex and unmarried partners. The TUC welcomed the Government’s establishment of a team working on this complicated issue.

Homophobic bullying

One of the areas in which discrimination on grounds of sexual orientation (actual or perceived) continues to be a significant problem is the prevalence of bullying, both in the workplace and, in particular, in education. In the first area, the TUC has sought to ensure that the issue has been addressed within its continuing campaign against bullying in the workplace. Additionally, the TUC has initiated a joint union campaign involving all unions in education to take forward a linked series of initiatives to encourage a better response to homophobia at every level of the education system.

Living wills

A Congress 2001 motion calling on the TUC to promote the use of living wills was remitted to the General Council. The TUC undertook research on, and took advice from bodies such as the BMA on the complicated legal framework that currently governs the use of living wills (otherwise known as advance directives). A briefing was then published and distributed to unions, explaining the legal position, promoting the use of such documents in particular by same sex partners who might otherwise find themselves without any rights at times of medical crisis, and explaining their operation.

Regional developments

As a result of initiatives taken by lesbian and gay trade unionists, there have now been established networks for LGBT trade unionists in three TUC regions, assisted by the TUC regional offices. Through these networks, the process of taking LGBT equality issues into the unions at a regional level will be encouraged.

2.8 Disability

TUC disability structures changed substantially during 2001 with the replacement of the Disability Forums and annual discussion conferences with the first motions-based conference held in December 2001, and the election of a TUC Disability Committee. Discussion about the date of the conference was reflected in a motion remitted from the 2001 Congress. The conference joins a busy calendar of TUC equality conferences and committee meetings, and has the advantage of being the first formal conference of the Congress year.

The new committee has overseen a busy period of proposals for changes to legislation, in particular with discussion of the impact of the EU Article 13 Employment Directive on the Disability Discrimination Act (DDA) (see below).

Legislation

The TUC has worked closely with the Disability Rights Commission to continue to press the Government both to introduce the measures it has already promised to implement the recommendations of the Disability Rights Task Force for reform of the DDA, and also to go beyond this to remedy other weaknesses of the existing legislation exposed by the operation of the law in practice. Detailed work was carried out during the first period of consultation on the Government’s proposals for implementation of the EU Article 13 Employment Directive. The Government proposed that, because of the existence of the DDA, the new directive would involve only limited changes to the existing law. The TUC argued that more substantial changes were called for. In particular, the TUC supported a DRC proposal for a new approach to the justification defence for discrimination. The TUC also believes that the DRC is right to argue that the ‘reasonable adjustment’ provisions of the DDA do not adequately deal with the issue of indirect discrimination covered by the directive.

The TUC is also participating in the general legislative review being carried out by the DRC. Information on a number of problem areas for disabled workers highlighted by resolutions of the 2001 Disability Conference has been collected from unions and will form the basis of a report on the operation of the DDA with respect to the workplace. This report will be submitted to the DRC for consideration in its review.

The TUC has supported other legislative developments, in particular the introduction of the Special Educational Needs and Disability Act (SENDA) 2001, and the new Code of Practice for service providers in preparation for the coming into force of the final sections of the DDA. Attempts to expedite improvements to the law by Lord Ashley in the House of Lords have also been supported.

Trade unions and disability

The significant work carried out to produce a TUC Disability Action Plan during 2000/1 was consolidated and expanded with the publication of guidance for unions on the range of disability issues, entitled Trade Unions and Disability. The guidance explained best practice for the inclusion of disabled members within all of a union’s activities and also outlined the legal obligations on unions. Further sections explained central issues for the bargaining agenda with employers. The publication has been widely taken up by unions and has been the subject of many presentations to union meetings.

European Year of Disabled People

The European Commission having agreed to proposals from the European Disability Forum that 2003 be designated the European Year of Disabled People, the UK Government has established a national co-ordinating committee, including Peter Purton for the TUC, to oversee Britain’s involvement in the Year. The Government has set aside funds to match EC funding for projects designed to improve the involvement and participation of disabled people in society, in particular in employment, and unions have been encouraged to become involved. Plans are well advanced for national and regional launches for the Year.

Genetics

Following the high level of interest shown in the controversial subject of genetics at the 2001 Disability Conference, the TUC has begun extensive research into various aspects of the subject, in particular in regard to the possible development of genetic testing by employers. This is as yet almost unknown in Britain, but has become widespread in the USA, and the TUC will contribute to the continuing debate.

Disability Rights Commission

The TUC has continued to work closely with the DRC. Richard Exell, TUC Senior Policy Officer and Disability Rights Commissioner, has addressed a number of bilateral meetings with union general secretaries and equality officers alongside DRC chair Bert Massie, who has been invited to address Congress. Regular reports have also been made to the TUC Disability Committee, and the TUC has participated in meetings and seminars organised by the DRC on specific issues, in particular during the preparation of responses to the government consultation on its proposals for implementation of the EU Article 13 Employment Directive.