An accessible public premises means that everyone can enter it, use its services, access its information and exit it without restriction.
- So it´s not just about physical disability then?
No. The Disability Act 2005 applies to the provision of accessible premises, services and information by public bodies, including local authorities. These must be accessible not only for people with physical disabilities, but for others, including those with impaired sight, vision or hearing, and those with intellectual disabilities or mental health problems.
- Why do public buildings and services need to be accessible?
The Census of 2002 showed that over 8% of the population (320,000 people) has a disability. According as the population ages, this figure will increase in the future which will increase the need for an accessible environment and society for all. To promote the equal participation of all those living in Ireland, accessible buildings, information and services have an important role to play.
- What are the legal obligations in the Disability Act with regard to public buildings?
All public bodies, including local authorities, have a legal obligation to make their public buildings accessible to people with disabilities, as far as practicable, by 2015. "Public building" means a building, or that part of a building, to which members of the public generally have access and which is occupied, managed or controlled by a public body. This will require the re-fitting of older, inaccessible public buildings, including leased buildings, other than temporary buildings, so that they comply with Part M of the Building Regulations. Where Part M is amended, public bodies have 10 years after the amendment commences to make their buildings compliant.
The Disability Act can be downloaded from the following link: Disability Act Download Link
- What are the legal obligations in the Disability Act with regard to accessible public services?
All public bodies, including local authorities, have a legal obligation to provide, where practicable and appropriate, services in an accessible and integrated manner and to provide, as appropriate, assistance to people with disabilities in accessing their services. They are also required to appoint an Access Officer in support of this role. A statutory Code of Practice produced by NDA is in place and compliance with the statutory Code of Practice is deemed to be compliance with this section of the Disability Act. The Code can be downloaded from the following link: Statutory Code of Practice Download
- What are the legal obligations in the Disability Act with regard to accessible goods and services?
All public bodies, including local authorities, when procuring goods and services have a legal obligation to ensure that, where practicable, they are accessible to people with disabilities. An exception applies where the cost could not be justified or where it would cause unreasonable delay in making the goods or services available to others. A statutory Code of Practice produced by NDA is in place and compliance with the statutory Code of Practice is deemed to be compliance with this section of the Disability Act. The Code can be downloaded from the following link: Statutory Code of Practice Download
- What are the legal obligations in the Disability Act with regard to accessible information?
All public bodies, including local authorities, have a legal obligation to, as far as practicable, provide information in the format requested by someone with a hearing or sight impairment in a way that meets their needs. There is also an obligation to provide information, where practicable, to people with an intellectual disability in clear language which can be easily understood by them. Websites and electronic communication should be accessible to people with vision impairments. A statutory Code of Practice produced by NDA is in place and compliance with the Code is deemed to be compliance with this section of the Act. The Code can be downloaded from the following link: Statutory Code of Practice Download
The Comhairle Guidelines on 'Access to Information for All' is a good resource here. They can be located at: Comhairle Access Guidelines
- What about the accessibility of public places?
The Sectoral Plan of the Department of the Environment, Heritage and Local Government, required under Part 3 of the Disability Act, requires that all local authorities carry out accessibility audits of their roads, streets, pavements and pedestrian crossings, public buildings, public parks, amenities and open spaces, heritage sites, public libraries and harbours within their control and identify what remedial action is necessary to make them accessible to people with disabilities. Local authorities are then required to draw up an Implementation Plan setting out a programme (including dates) to implement the commitments and objectives contained in the Disability Act and the Sectoral Plan. The accessibility audits must be completed by end April 2007 and the Implementation Plans drawn up by end July 2007.
- Who carries out access audits for local authorities?
While there are a number of architectural firms, disability consultancy services and others who carry out accessibility audits at present, there is no register of access auditors available in Ireland. As far as possible, local authorities should seek to develop their own in-house capacity to carry out access audits which may require the training of appropriate staff. Consultants should only be used when such expertise is not available in-house. If you do need to use consultants, remember to find out the qualifications and experience of the firm carrying out your audit. One good way to do this is to contact other local authorities who have contracted this work. The LGMSB Guidance Framework of Good Practice provides further guidance on this issue.
- Where can I get information on training for my access auditors?
Information on providers of access auditing training can be found at the following link: National Register of Access Consultants
- What is the role of the Access Officer in local authorities?
According to the Disability Act 2005, all public bodies are required to have an Access Officer. The role of the Access Officer is to ´provide or arrange for and co-ordinate the provision of assistance and guidance´ to disabled persons in accessing its services. NDA launched a survey in September 2006 to identify the needs of public bodies for this new role. NDA is currently in the process of analysing the survey results and identifying how best to proceed.
- What about complaints from the public?
Local authorities are required under the Disability Act to appoint an Inquiry Officer to deal with any complaints received in relation to accessibility of public services, premises, information, or heritage sites, or a failure to procure accessible goods or services. Individuals may raise such a complaint to the head of the public body and subsequently to the Ombudsman.
- What is the Barcelona Declaration and is it still in force?
The Barcelona Declaration advocates the right of disabled people to equal opportunities and recognises their contribution to the society and environment they live in. The Declaration resulted from the European Congress ´the City and the Disabled´ held in Barcelona in 1995.
Virtually every Irish local authority has signed up to the Barcelona Declaration and the Declaration is still in place. To support the implementation of the Declaration by Irish local authorities, the Government funded a project between 2002 and 2004. The project promoted the Declaration´s principles by raising awareness of disability among Irish local authorities and by delivering a programme of activities to facilitate local authorities in creating a more inclusive society, including a Disability Proofing Template for local government available on the NDA´s website. The legal requirements under Part 2 and Part 3 of the Disability Act build on the foundations laid by this work. Further information on the Barcelona Declaration can be found by following this link: The Barcelona Project
- Where can I find out about good practice elsewhere?
One good source is the European Observatory Cities for All which contain examples of good practices in relation to disability and accessibility in cities and towns in Europe: Examples of Accessibility Good Practice from the European Observatory
- Is the definition of disability and impairment used in the Disability Act 2005 the same as that used in the Equality legislation?
No. The definition used in the Disability Act 2005 states that: "disability", in relation to a person, means ´a substantial restriction in the capacity of the person to carry on a profession, business or occupation in the State or to participate in social or cultural life in the State by reason of an enduring physical, sensory, mental health or intellectual impairment´. The definition and information on disability as defined in the Equal Status Acts 2000-2004 can found at: Equal Status Act 2000-2004
- I have heard that there are 2 definitions of disability in the Disability Act. Is this correct?
Yes, there are 2 definitions in the Act: one for the Assessment of Need in Part 2 and one that applies to the rest of the Act.
- So what is the definition of disability for Assessment of Need?
A tight definition of disability is used for Section 2 of the Disability Act which provides for a system for the assessment of individual health service needs and, where appropriate, education needs for persons with disabilities over age 18 years. This systems allows for the cross-referral to local authority services such as housing, and service statements for individuals regarding the health, education and social care services they will be given.
- And what about the definition of disability for the public service employment target in Part 5 of the Disability Act?
The Disability Act definition applies to the employment target for the public service (Part 5 of the Disability Act), currently 3%. It is possible that staff who meet the Equality legislation definition may not satisfy the terms of the Disability Act definition. Key terms here are:
- Substantial restriction in capacity
- Enduring impairment;
- Substantial restriction in capacity of the person to carry on a profession, business or occupation;
- Substantial restriction in capacity of the person to participate in social or cultural life.