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ContentsBackground 3

Legislating for Change 5

Using the Law – Case work 11

Codes of Practice 13

Mainstreaming Service provision 15

Employment and Training 18

Unions – driving and adapting to change 25

The Way Forward 27

Background

Achieving Equality: Progress Report on theEquality Programme for People withDisabilities, was issued by Congress anddebated at BDC 2001. The report containedrecommendations endorsed by conference,on foot of an Executive Council motion.

This report is an update on Congressactivities in relation to people withdisabilities from 2001 to 2005. It tracksprogress in relation to a range ofcommitments secured in social partnershipagreements and in the promotion of equality for people with disabilities, within trade unions.

The report notes the increasing involvementof Congress and affiliate unions inpromoting, negotiating and organising onissues related to disability in the workplace,the inclusion of disability related policies insuccessive partnership agreements and itsinvolvement in programmes andpublications promoting disability awarenessand increasing employment inclusion forpeople with disabilities.

While there has been significant progress inrelation to some aspects of this agenda,movement has been slow in relation toother aspects, specifically: developingmainstream training opportunities, securingincreased employment opportunities(including the achievement of the threepercent employment quota across thePublic Service, and dismantling barriers toemployment such as the ‘benefits trap’.

This latest report also contains a series ofrecommendations. In particular, in order topromote greater participation of those withdisabilities, we would urge all unions toutilise existing legislation and pursue otheractions based on the following priorities:

≥ Trade Union Code of Practice on Peoplewith Disabilities: and,

≥ Promotion of Employment Opportunitiesin Public and Private Sectors

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Context: Disability & the World of Work

Work is central to most adult lives. Peoplewith disabilities are far less likely to have ajob than other people of working age andthus they will often find themselves outsidethe mainstream of Irish life.

Recent National Disability Authorityresearch showed that People withdisabilities are two and a half times lesslikely to be in work than non-disabledpeople. This in turn contributes to thesignificantly higher rate of poverty inhouseholds headed by disabled people.

People who are more severely restricted inwhat they can do enjoy significantly lowerrates of employment than others. Only asmall minority of employers haveemployees with a disability, relatively fewhave made changes to the job or workplaceto facilitate disabled workers and half areunaware of the grants and supportsavailable to employ disabled workers.Sheltered work accounts for a relativelysmall percentage of employment fordisabled people.

About 85 percent of working-age peoplewith a disability or chronic illness haveacquired that disability. This underlines theimportance of strategies to retain people inwork after the onset of a disability, if wewant to increase the proportion of disabledpeople in a job.

Participation in education by young peoplewith disabilities is significantly lower thantheir non-disabled counterparts. About athird of those aged 15 to 19 are already outof the education system.

Quite clearly, much remains to be done.This report outlines work done in the past four years and makes furtherrecommendations for the future.

Legislating for Change

There have been some major legislativedevelopments during the period underreview:

Equality BillThe Minister for Justice Equality & LawReform announced on July 19, 2004 the

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signing into law of the Equality Act 2004. Allsections of the Act came into operation onthat date and it makes a number ofsignificant changes to both the EmploymentEquality Act 1998 (the ‘1998 Act’) and theEqual Status Act 2000 (the ‘2000 Act’).

The Act seeks to give effect to:

≥Council Directive 2000/43/EC:(Implementing the principle of equaltreatment between persons irrespective ofRacial or Ethnic origin);

≥Council Directive 2000/78/EC:(Establishing a general framework forequal treatment in employment andoccupation);

≥Directive 2002/73/EC of the EuropeanParliament Amending Council Directive76/207/EEC: (on the implementation of theprinciple of equal treatment for men andwomen as regards access to employmentvocational training and promotion andworking conditions).

≥The Bill revokes in part and enacts inrespect of the European Communities

(Burden of Proof in GenderDiscrimination Cases) Regulation 2001,which gave effect to Council Directive97/80/EC on the Burden of Proof in casesof discrimination based on sex.

The major changes in relation to disabilityare:

Under the Act there is a new requirementon employers to take appropriate measuresto enable people with disabilities haveaccess to employment and training, andopportunities to advance. An employer mayonly refuse to provide these (‘reasonableaccommodation’) on the basis that that theyimpose a ‘disproportionate burden’ on theemployer and in this regard account will betaken of the financial resources of theemployer concerned. This is a significantimprovement on the previous provisionswhich allowed an exemption if the costinvolved was more than ‘nominal’. The newAct imposes a greater responsibility onemployers to facilitate participation bydisabled people.

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‘Appropriate measures’ includes:Effective and practical measures to adaptplace of business

Include adapting premises, equipment,working time, distribution of tasks,training or integrated resourcesDo not include any treatment, facility orthing that the person might ordinarily orreasonably provide for him/herself

‘Disproportionate burden’ – takes into account:Financial burden and other costsScale and resources availablePossibility of obtaining public funds orother assistance

Section 23 of the Act amends section 34 ofthe 1998 Act, which previously alloweddiscrimination on the disability groundswhere actuarial evidence suggestedincreased costs would result. The disabilityground is now removed from that section.

A new section (35.4) ensures that particularrates of remuneration for people with adisability are not below the minimum rate asstated in the National Minimum Wage Act 2000.

The Act includes a provision shifting theevidential burden of proof from thecomplainant to the respondent once a primafacie case has been established, i.e. if theclaimant establishes facts from which it canbe presumed that discrimination occurredunder either the 1998 Act or the 2000 Act itwill then be up to the respondent to provethat discrimination did not occur. Previouslythis was only the case in relation to claims ofdiscrimination on the gender ground underthe 1998 Act however the case law under the2000 Act leaned in this direction also.

Disability BillCongress welcomed the publication of thetext of the Disability Bill, 2004 published inOctober 2004. The publication implementedthe overdue commitments of both the PPFand Sustaining Progress.

The Disabilities Bill, 2004, is intended toform an integral part of a proposed DisabilityStrategy, which aims to develop an integratedapproach to promoting equality and socialinclusion and improving service provision forpeople with disabilities. The key componentsof this proposed Strategy comprise of:

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≥The Disabilities Bill, 2004

≥The Comhairle Bill, 2004 (to providepersonal advocacy service, asappropriate)

≥Outline Sectoral Plans (Reflectingproposals for improvements in services)Six departments involved: Health &Children, Social & Family Affairs,Transport, Enterprise, Trade &Employment, Environment, Heritage & Local Government, Communications,Marine & Natural Resources

≥The Education for Persons with SpecialEducation Needs Act, 2004

≥A commitment to multi-annualInvestment Programmes for disabilitysupport services.

This more comprehensive approach hasbeen sought by Congress for some timethrough

(i) the range of commitments negotiatedunder the social partnership agreementsas well as

(ii) proposals for a more comprehensivefunding approach in BudgetSubmissions of recent years.

Congress submitted a response to theDisabilities Bill, in February 2004, followingconsultation with the Disability Committeeand attempts to secure numerous textualclarifications through our participation onthe National Disability Authority.

In summary Congress recognised the casefor supporting this legislation:

≥ The legislation is ground-breaking inintent i.e. it represents an albeit limitedresponse to the recommendations of theCommission on the Status of People withDisabilities (1993) by legislating for accessby this specific grouping in Irish Society tospecific services.

≥ An entirely new legislative approach hasbeen adopted i.e. the identification ofthose with greatest need i.e. those with"substantial restriction" in their capacityto function, arising from various medicalconditions. Clearly, taking account of the

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considerable demand for services,providing appropriate services for all, inthe short term is not realistic. Providingservices for those most-in-need is a goodstarting point and a valid approach in thecontext of developing comprehensiveneeds-based services for all people with disabilities over the medium to long term.

≥ The Bill proposed a balance between therights-based approach and improvingaccess to and the quality of PublicServices.

However, the Congress support for theDisabilities Bill, 2004 was qualified byconcerns in respect of a number of keyissues:

There is ambiguity around whether or notthere is a legal right to assessment,regardless of resource implications,particularly in dispute circumstances.

A selective approach of providing servicesto those most-in-need exclusively is nota desirable outcome and will create a

hierarchy of disability in the absence oflong term goals. There is a distinctpossibility of exclusion of people currentlyin receipt of services and a potentialdiminution of existing levels of servicesfor some people with disabilities.

There are no clear guidelines whichwould inform prioritisation of need. Theabsence of guidelines or a standardisedapproach, which reflect prioritisationcriteria, will result in different serviceoutcomes.

The availability of resources toimplement this legislation has exerted aconsiderable influence on its scope. Theapproach would only be acceptable in thecontext of an overall, systematic andplanned expansion of service provision,informed by comprehensive needsassessment and the systematic collectionand assessment of the extent of unmetservice need, relative to all citizens withdisabilities. There are overridingrestrictive provisions which control thefinancial implications of the Bill.

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Within the Sectoral Plans the omission ofhousing or transport as key services whichexert considerable influence over thequality of life and requirements forservices for people with disabilities, is serious.

There is considerable uncertainty withrespect to the implementation of thislegislation, in so far as significant aspectsof its provisions are as yet to bedetermined in other instruments, whichmay or may not have legal effect i.e.;

The Disabilities Bill, 2004 is designedas Framework Legislation to besupported by Codes of Practice and Regulation.

The operational challenges posed inSections of the Bill are very significant.Much of the implementation of thislegislation relies on the proposedHealth Service Executive (HSE) and onthe Health and Information QualityAssurance (HIQA) bodies to determine,bodies which do not currently exist orare in their infancy.

There is an absence of coherenttimeframes to ensure the effectiveimplementation of the Bill.

Work is ongoing to pursue these issuesthrough amendments and Congress has metwith opposition spokespeople and soughtengagement with the Department. The Billis up for Committee Stage in May 2005.

Enactment of the Education for Personswith Special Educational Needs Act 2004The Education for Persons with SpecialEducation Needs Act was enacted in July2004. When it is commenced, the NationalCouncil for Special Education (NCSE) willthen draw up an implementation for the Act,to be carried out over a five year period.Initially the Bill used the term ‘disability’but this was later amended to ‘specialeducation needs’. Consequently, thedefinition of educational disability wasreplaced with a definition of specialeducation needs. This definition reads:

"in relation to a person, a restriction in thecapacity of the person to participate in andbenefit from education on account of an

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enduring physical, sensory, mental health orlearning disability, or any other conditionwhich results in a person learning differentlyfrom a person without that condition."

The Act also provides for resources for the purposes of preparation andimplementation of individual educationplans, a key demand of Teachers’ unions.These plans identify services that arenecessary for a child to participate in andbenefit from education. The Act alsocontains an appeal process, SpecialEducation Needs Organisers, a SpecialEducation Council and a section onmediation before court proceedings inrelation to educational services. It alsoidentifies a strengthened role for parents.

International Convention on the Protectionand Promotion of the Rights and Dignity ofPersons with Disabilities

In December 2001, the UN GeneralAssembly established an Ad Hoc Committeeto consider proposals for a comprehensiveand integral international convention toprotect and promote the rights and dignityof persons with disabilities.

The Ad Hoc Committee of the GeneralAssembly held its first session at UNHeadquarters (New York) in 2002. The AdHoc Committee has now met on fiveoccasions. Several regional meetings orseminars were organised to contribute tothe work of the Ad Hoc Committee also.

The Ad Hoc Committee has recommendedto the General Assembly that a conventionbe elaborated, and established a workinggroup to prepare a draft text which would bethe basis for discussions. To see the statusof the text following the discussions heldduring the fifth session of the Ad HocCommittee in 2005, visithttp://www.un.org/esa/socdev/enable/

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Using the law: Case work at theEquality Tribunal

Currently 10.7 percent of Equality Authoritycase files relate to the disability ground anda common feature is a failure to makereasonable accommodation to ensure theemployee with disabilities is fully capable ofdoing their job. Making such reasonableaccommodation is key to unlocking thecontribution of people with disabilities in theworkplace and to addressing the high levelsof unemployment they experience. It hasalso been argued that the protectionafforded in the Employment Equality Act,1998, applies to people employed insheltered workshops. This issue arose inone case file which was settled.

The Labour Court is also sendingunequivocal messages that discriminationon grounds of disability will not be tolerated.In one example, in A Restaurant -v- AWorker (EEDO38), the Labour Court awarded17,500 to a waitress who was dismissedbecause of her epilepsy at a time when shewas fully competent and fully capable ofperforming the duties of her employment.

Another striking feature of the files is thenumber of claims brought by people withdisabilities who have been discriminatedagainst by the public/semi-state sectors atthe point of access to employment. The casefiles reveal that in some sectors people withdisabilities will not be considered for certainpositions and/or will fail medicals,irrespective of their capacity to carry out thejob. The effectiveness of the EmploymentEquality Act, 1998, in this regard is limitedas the maximum that can be awarded by theEquality Tribunal is 212,700 (if theemployee is not in employment at the time).This is not proving to be an effectivedeterrent to this type of discrimination.Some of the most serious examples ofdiscrimination occur in the area of access toemployment particularly on the grounds ofdisability and race.

Other significant cases includedA claimant, who is deaf, applied for apermanent position in a financial institution.She requested that her application for thepermanent position be based on practicalskills and experience rather than the I.Q.test which had not been adapted to meet the

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needs of a deaf person. A settlement wasreached through mediation. This resulted in:

The provision of appropriate signingfacilities;

Professional proofing of aptitude test tocomply with the Employment EqualityAct, 1998;

Appointment to the permanent position;

Payment of 14,000 along with arrears of salary.

In 2004, 10 cases on disability were decided.Two found in the complainants favour(Bowes v Southern Regional Fisheries BoardE2005/08 and Mr. C. v A. DistributionCompany Dec E2005/12). Most decisionsdealt with the issue of whether the employerhad met their obligation to providereasonable accommodation. A number ofdecisions referred to the Labour Court'sdetermination in A Health and Fitness Club vA Worker (EED037) outlining the process tobe followed by an employer in relation toproviding reasonable accommodation.

In February 2005, there was a significantaward which could have the effect ofdeterring discrimination against those withmental health problems. The Labour Courtfound that the employer had a markedreluctance to accommodate the complainantin returning to work after a psychiatricillness and would not accept that therespondent gave any adequateconsideration to providing the complainantwith the type of special treatment whichwould have allowed him to resume work,following his discharge from hospital.

The Court found that the respondent failed to do all that was reasonable toaccommodate the complainant's needs by providing him with special treatment or facilities so as to enable him to return to work on a phased basis. It found that the employer did discriminate against the complainant on grounds of his disability when it refused to allow him toresume employment.

The Claimant had been working on anEmployment Integration Project, funded byFAS and administered by a Health Board.

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The aim of the project was to preparepeople with disabilities for employment. Theproject was subsequently replaced by a newSupported Employment Scheme whichemployed able-bodied people. The claimantwas not offered employment with the newscheme. Following negotiations by theEquality Authority, the claimant was offeredpermanent employment as a clerical officerwith the Health Board under the threepercent Employment Target for People withDisabilities in Public Bodies.

More information at:www.equalitytribunal.ie

New Codes of Practice

ILO Code of PracticeA new ILO code was drawn up to guideemployers in the private and public sectors,to adopt a positive strategy in managingdisability-related issues in the workplace.While the code is principally addressed toemployers, it also acknowledges thatgovernments have an essential role to playin creating a supportive legislative andsocial policy framework and providing

incentives to promote employmentopportunities for people with disabilities.Moreover, the ILO places great emphasis onthe participation of people with disabilities,in order for the code to be effective insecuring real improvements in the lives ofpeople with a disability. The contents of thecode are based on the principlesunderpinning international instruments and initiatives designed to promote the safeand healthy employment of all persons withdisabilities. This code is not a legallybinding instrument and is not intended tosupersede, or replace national legislation. It is intended to be read in the context ofnational conditions and to be applied inaccordance with national law and practice.The code was finalised and unanimouslyadopted at the tripartite meeting of experts in Geneva, October 2001, convened at the decision of the ILOGoverning Body.

The objective of this code is to providepractical guidance on the management ofdisability issues in the workplace with aview to:

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ensuring that people with disabilitieshave equal opportunities in theworkplace;

improving employment prospects forpersons with disabilities by facilitatingrecruitment, return to work, job retentionand opportunities for advancement;

promoting a safe, accessible and healthyworkplace;

assuring that employer costs associatedwith disability among employees areminimised – including health care andinsurance payments, in some instances;

maximising the contribution whichworkers with disabilities can make to the enterprise.

Code of Practice for Sheltered OccupationalServices (SOS)The formulation of a policy framework toaddress the concerns of people working insheltered workshops was significantlyimpeded over the past two years as theDepartment of Enterprise, Trade &

Employment displayed a discerniblereluctance to engage on this issue with theSocial Partners, despite efforts to raisethese concerns through the SustainingProgress Steering Committee. While a Codeof Practice on Sheltered OccupationalServices was agreed under the PPF, itsimplementation by the Department ofHealth relies upon the development of acomplementary sheltered employmentpolicy framework and the development ofsupport measures by the Department ofEnterprise, Trade & Employment.

In October 2003, the Department invitedCongress to discuss proposals for a Full TimeEmployment Support Scheme (FTESS) whichwas intended to improve the employmentopportunities and make a contributiontowards providing options for those engagedin sheltered workshops. In these discussionsCongress made it clear that the proposals fellfar short of what was required to make ameaningful contribution and implementcommitments under Sustaining Progress.Following widespread negative reaction to theproposals, discussions were resumed inMarch 2005, in an attempt to secure

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agreement and resolve a range of issuesraised by Congress and others.

Mainstreaming Service Provision & a Dedicated Disability Authority

Disability Research and Training Project bythe Irish Congress of Trade UnionsCongress received support from theNational Framework Committee for EqualOpportunities, for this project. The centralaim was to develop competence amongtrade union officials and lay activists topursue and negotiate equal opportunities inemployment on behalf of (prospective)employees with disabilities. The key deficitin competence addressed by the project wasidentified as a better knowledge of therelatively recent equality legislationprotecting the rights of people withdisabilities in relation to employment. Theproject was developed on a partnershipbasis, incorporating inputs by people withdisabilities, relevant state bodies andagencies as well as selected placementagencies responsible for the delivery of thesupported employment model. The mainelements of the project were:

(1) Research of (Good) Practice - Reasonable AccommodationThe provision of reasonableaccommodation is central to achievinggreater employment opportunities forpeople with disabilities. The conceptwas, however, an internationallydeveloped one, transposed into Irishlegislation without any great conceptualor practical understanding of itsimportance by people operating at thelevel of the enterprise. It has becomewidely used as a legal term and theparameters of its application have beendecided through the operation of theEquality Tribunal (ODEI). The term isvery significant as are the variousdecisions associated with it. It was forthis reason the research of its evolutionand application (Good Practice) wasundertaken as part of the project andincluded as a central element in theTraining Programme devised.

The researcher (Martin Durack, NUIGalway) reviewed existing practices,nationally and internationally, to explorethe concepts of "reasonable

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accommodation and positive action andidentify examples of its application". He traced the origins of the concept ofreasonable accommodation and showedhow it has evolved and spawnedassociated concepts and ideas aboutequality in different jurisdictions. Therewas general agreement following therelevant sessions that a broaderunderstanding of the concept and itsapplication had been achieved amongthe participants on the TrainingProgramme.

(2) The development of an intensiveTraining Programme on the particularprovisions of the Employment EqualityAct, 1998 (taking account of theprovisions of the Equality Bill, 2004, then under discussion).

The rationale for Congress undertakingthis work was to encourage participationfrom the widest possible range of unions.The programme was almost oversubscribed and participants includedrepresentatives from a range of unionsincluding representatives with disabilities.

≥ The programme was designed toreflect different perspectives, takingaccount of views of people withdisabilities as well as state bodies and agencies charged with theimplementation of the legislation and the experience of selectedplacement agents.

≥ The first hours of the programme weredeliberately dominated by theperspectives of people with disabilitiesso that the participants could absorband be influenced by their real lifeexperiences (positive and negative)and draw on these to discuss thetechnical and other inputs of thecourse. The definition of disability andhealth versus social model of disabilitywas discussed in the early session.

≥ The programme was designed toprovide an opportunity to reflect on thecapacity of the unions to pursuelegislative protections of behalf of(prospective) members with disabilities.This was achieved through case workand examination of relevant though

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individual union policies, proceduresand structures in group work.

≥ Finally a range of technical expertisewas provided through inputs by theEquality Authority and EqualityTribunal (ODEI), Mr. Martin Durack andFAS. In addition, there was someexploration of the extent of theproblems to be resolved(context/environment – evidence ofdiscrimination, barriers toemployment, examples of reasonableaccommodation, the use of codes ofPractice etc) following presentationsby Pauline Conroy (Public Sector) andMairead Conroy and Elaine McGrath(ICTU/IBEC Workway Project – PrivateSector). The latter input also served tobuild cohesion between separateefforts by Congress to stimulateemployment opportunities and to bringthe legislative perspective into theWorkway Project.

(3) Developed Training Programmematerials into a Training ManualThe course explored a variety of

perspectives and these have beencompiled by Ralaheen & Associates Ltd.,into a Training Booklet. The manual isintended to summarise the legislativeprotections as well as outline keyquestions which could be explored byunion officials seeking to represent theinterests of (prospective) members with disabilities.

The Training Booklet Negotiating Disability inthe Workplace: Guidance for Trade UnionRepresentatives was disseminated to allunions, including those who participated on the course and is available on theCongress website.

National Disability Authority (NDA)

Much of the effort of the NDA during theperiod has been dedicated to facilitating theconsultation process which informed andinfluenced the shape of the Disabilities Bill,2004. The NDA published a comprehensiveResponse to the Disabilities Bill, 2004 andComhairle (Amendment) Bill, 2004 inNovember 2004 and is currently conductinga consultation process on the Government

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Outline Sectoral Plans in the nationalDisability Strategy. Other significantpublications during the period included:

Towards Best Practice in the Provision ofFurther Education, Employment andTraining Services for People withDisabilities in Ireland

Towards Best Practice in the Provision ofTransport Services for People withDisabilities in Ireland

Towards Best Practice in the Provision ofHealth Services for People with Disabilitiesin Ireland

Disability and the Cost of Living

Review of Access to Mental Health Servicesfor People with Disabilities in Ireland

Disability and Work: the picture we learnfrom official statistics.

Congress is represented on the NDA byPaula Carey.

Employment and Training

Workway Project - raising awareness andaddressing barriers to increase theemployment opportunities for people with disabilities;

The Workway Initiative was proposed anddeveloped by Congress in conjunction withIBEC and supported by the Department ofEnterprise, Trade & Employment. Itrepresented the first such social partnershipinitiative in this area and acknowledged thekey roles of unions and employers in raisingawareness and promoting the employmentof people with disabilities in the privatesector. The regions that were selected forthe networks were Donegal, Galway, theMidlands, Cork and Kerry. Workway waslaunched in July 2002 by the Taoiseach.Phase I (to March 2004) was funded by theDepartment of Enterprise, Trade &Employment (2818,000).

Agreement was reached with FAS to test /explore the output / products of Workway inpilot companies in a second phase whichwas funded by FAS (2223,000).

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Seven strategic objectives were agreed.These were to:

≥ Raise awareness of the employmentpotential of people with disabilities;

≥ Explore local employee / skill availabilityand labour shortages i.e. localemployment opportunities which requirethe available skills;

≥ Identify barriers which prevent the take-up of employment opportunities, from theperspective of both employers and peoplewith disabilities;

≥ Involve people with disabilities,employers and employee representativesin identifying and implementing practicallocal solutions to barriers associatedwith the take-up of employment;

≥ Impart information to employers,employee representatives, people withdisabilities and training agencies onprogrammes and schemes which areavailable to assist the integration ofpeople with disabilities into the workforce

and promote the take-up of theseprogrammes and schemes;

≥ Link in with existing networks ofemployers, business associations, tradeunions and other relevant interests whocan promote the employment of peoplewith disabilities;

≥ Inform public policy makers and serviceproviders of the implications for thedevelopment of employment and trainingservices for people with disabilitiesarising out of the networks through aNational Steering Group.

The project coordinators and administratorswere Mairead Conroy (Galway, Donegal andMidlands regions) and Elaine MacGrath(Cork and Kerry regions). Twoadministrators, Martha Nic Giolla Bhrideand Siobhan MacSweeney were employed toprovide support.

Materials developed by Workway

The ICTU-IBEC coordinators workedsuccessfully with local union officials,

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employers and people with disabilitieswithin the Local Networks, assisted by theNational Steering Committee, to produce aseries of joint publications, based on theinsight gained through organisedworkshops and regular meetings, on thebarriers and opportunities faced by peoplewith disabilities seeking work.

These publications formed the basis ofpromotional activities over the period of theinitiative, along with contributing to a policydocument outlining the experience of theWorkway team over the course of theinitiative, from a policy perspective. Majorbarriers were identified - the benefits traps,lack of coordinated support services and therequirement to engage at a deeper level withemployers and people with disabilities thanis currently experienced by either group.

A further 12 month phase of the Workwayinitiative was agreed with FAS to mid April2005 building on previous work to:

≥ Develop a Template to address thedeficits identified at Pre-Employmentstage.

≥ Pilot the joint IBEC / ICTU Employmentand Disability Guidelines.

≥ Develop a one stop information andemployment website.

At the end of the project the Workwayproducts were:

IBEC/ICTU Disability & EmploymentGuidelines

DVD – Disability in the Workplace

The Way Ahead – Workway PolicyDocument

Employment Preparation, Guide for JobSeekers with Disabilities

Employment Preparation InformationSheetTraining Brochure

NetWorkway – The Newsletter of theWorkway initiative (x5)

Disability & Employment

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≥ A Directory of Kerry Based SupportServices

≥ A Directory of Cork Based SupportServices

Resourcing Opportunities for Disability inthe Workplace≥ Donegal Wallchart≥ Galway Wallchart

The Workway Website – www.workway.ie

The Initiative was independently evaluatedby Goodbody Economic Consultants / TomMartin & Associates (Nov 2004). Theconclusions and recommendations reachedin the evaluation of the Workway Project(extracts thereof) were:

"Workway was a considerable success interms of developing effective co-operationnetworks and in terms of preparing a widerange of information awareness raisingproducts.

Workway demonstrated the value of a socialpartnership approach to increasing awarenessof the employment potential of people with

disabilities and the involvement of ICTU andIBEC has resulted in the project gaining areach and level of credibility that would nothave been possible if Workway had emanatedfrom the disability sector.

Workway benefited from access to the localnetworks of its main partner organisations of ICTU and IBEC. The local networks played a major role in the development of theWorkway outputs.

Workway clearly identified the type ofinformation required by employers, employeerepresentatives and people with disabilitiesand has produced innovative new materialaimed at addressing these information needs.

Workway demonstrated the lack of co-ordination in relation to the provision ofadvice and support for employers and peoplewith disabilities in accessing training andemployment supports represents a keybarrier to the development of moreemployment opportunities for people with disabilities."

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The Future of Workway

In a series of recommendations, theevaluations considered future possibilitiesbased on the social partnership model.However, these recommendations ignoredthe policy issues raised in the initiative –issues which continue to present the mostsignificant barrier to increasingemployment opportunities. In discussionwith the Department of Enterprise, Trade &Employment in the final stages of thesecond Phase of Workway, Congressindicated that any further work would haveto be predicated on addressing institutionaland other barriers. Much of this ishighlighted in the Workway policy paper,which critically documents the projectexperience in the context of the existingpolicy framework and its implementation at local level. These reflections are intended as a contribution towardsexplaining and addressing:

(i) the persistent and unacceptably highlevel of unemployment among peoplewith disabilities (estimated to bebetween 60-70 percent) and

(ii) the significant and often interrelatedbarriers which are inhibiting progresstowards increasing employment levels.

The Benefits Trap:

A special initiative in Sustaining Progress, on the long-term unemployed, was securedin order to equip people with the skills tofacilitate access to good quality, secureemployment and to continue thereintegration of these groups into the openlabour market with a focus on progressionopportunities. Action five of this initiative isdesigned to continue measures to makework pay and to encourage participation inthe labour force. This was formulated tohave a proactive policy of engagement withpeople on social welfare to ensure that theyhave the opportunity to avail of employmentand training options; to create newopportunities to access employment andtraining; and to eliminate any gaps ordisincentives in the application of secondarybenefits. Progress has been verydisappointing in this regard.

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Presently, people with disabilities who goout to work stand to lose a significant arrayof benefits. Recent NDA research points outthat alongside loss of the weekly welfarepayment such as Disability Allowance, goingto work will generally put someone over theincome limit of a medical card, andentitlement to linked services such as freedisability aids is also forfeit. The HouseholdBenefits Package, Free Travel, MobilityAllowance and Rent Allowance could also belost by someone entering employment. Ifthe state were to meet the extra costs ofdisability without tying that help tosubsistence-level incomes, it would be morefinancially attractive to people withdisabilities to take a job.

New policy on employment of people with adisability in the Civil Service The Government’s three percent target forthe employment in the public service ofpeople with a disability is now in place forover 25 years. A Code of Practice on theEmployment of People with a Disability inthe Civil Service has been in place since1994. As part of the modernisationprogramme for the Civil Service, the

Department of Finance, in agreement withthe staff unions, commissioned GoodbodyEconomic Consultants to undertakeresearch on the career progression ofpeople with a disability in the Civil Service.

The Report entitled Employment and CareerProgression of People with a Disability in theIrish Civil Service proposes a new approach,while maintaining the policy of givingpriority in employment to people with adisability. The new approach emphasisesthe two separate aspects of the policy: first,an increased emphasis on recruitment withspecial competitions being arranged fromtime to time and, second, the need to takespecial measures to identify and supportexisting staff with a disability.

The Government has accepted the mainrecommendations of the report:

the present Civil Service Code on theemployment of people with a disability,drawn up in 1994, should be revised, inconjunction with the Civil Service unions,to put in place modern policies topositively manage over 2,300 civil

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servants with a disability (approximatelyseven percent of existing staff). The codeis currently being reviewed and will berevised to emphasise, in particular,policies to improve the careerprogression of people with a disability;

new monitoring, reporting and recordingarrangements in relation to staff with adisability in government departments andoffices are required to accurately recordprogress and employment trends,including a move towards self disclosureusing an appropriate format, thesearrangements to be discussed andagreed in consultation with the CivilService unions;

the appointment of one full-timeDisability Advisory Officer (DAO), inaddition to the existing part-timeDepartmental Disability Liaison Officers,to advise and assist departments indeveloping and implementing policies forexisting and new staff with disabilities,and supporting individual civil servantswith disabilities; it is proposed that theDAO will be part of the Equality Unit in

the Department of Finance, and the postwas advertised in April 2005 and the firsttask of this person will be to devise a newcode of practice with a strongimplementation process;

the adoption of a new approach to therecruitment of people with a disabilityunder which special competitions or sub-panels will be held from time to timeto ensure that three percent of allrecruits to the Civil Service are peoplewith a disability.

Agreement has been reached with the staff unions at General Council on theimplementation of the government decision.

Blindcraft DevelopmentsBlindcraft, one of the few institutions thathas provided the dignity of work for blindpeople in Ireland since 1957, wasthreatened with closure during 2004 as partof the government's healthcare reforms.The workers there had secured full legalstatus as employees and full remunerationfor their work and are now paid at the levelof the general operative grades within the

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health board structure. Employment inBlindcraft has allowed many of them to liveentirely normal and independent lives.Following a meeting with SIPTU, theMinister for Health announced that aworking group would be established toexamine all options. The group will be madeup of representatives of SIPTU, theworkforce, Blindcraft management and theDepartment of Health, would consult withFÁS and Enterprise Ireland on developing aviable business plan for the agency.

Improving income supports forPeople with Disabilities

Under the PPF, an InterdepartmentalWorking Group was established to examinethe feasibility of the introduction of a Cost ofDisability Payment to offset the extra costsassociated with having or acquiringdisability. The Working Group accepted theconclusions arising from a research Reportby Indecon / NDA that: "there are additional costs associated withhaving a disability in Ireland and that thesecosts can vary by disability type and byseverity of disability. In addition, the Working

Group considers that age and socialcircumstances can also have an impact on thecosts of disability"….but "that a nationalsystem of individual needs assessment is aprerequisite for any Cost of Disability Paymentsystem based on severity of disability."

Based on the findings of the study and theproposed introduction of a national systemof needs assessment arising from theDisabilities Bill, 2004, Congress sought theintroduction of measures to offset the extracosts associated with disability comprisingof a package of adequate and appropriatesecondary benefits, (e.g. equipment,transport/travel, fuel, food and clothing,telephone additional medical and careassistance). This package would then beindividualised, enhanced in accordance withthe findings of the individual needsassessment and tailored accordingly.

Review of Vocational Training ProvisionThe Department of Enterprise Trade &Employment commissioned acomprehensive review of the overalleffectiveness and efficiency of vocationaltraining provision for people with

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disabilities. In response to therecommendations of this review, FÁS iscurrently considering a new strategy onvocational training for people with adisability which has been promised insummer 2005. It is the view of Congressthat progress so far has been very disappointing.

Unions Driving Change

Trade Union Code of PracticeCongress, in consultation with the DisabilityCommittee has developed a new code ofpractice for unions on disability issues. Thecode is a response to legal requirementsthat trade unions now face as employersand service providers under equalitylegislation. This code aims to contribute todeveloping equality for people withdisabilities and ensuring that they arerecognised and treated as having equalstatus with all other persons.

Congress Disability Committee (Republic of Ireland)The Congress Disability Committeecontinued to meet on a quarterly basis.Brendan Conway took up the position ofChairperson of the Committee.

The main focus of the Committee has been:

The Disability Bill 2004;

Improving Accessibility of Public Servicesfor People with Disabilities;

Development of a Trade Union Code ofPractice for People with a Disability;

Code of Practice on ShelteredOccupational Services;

The Progress Report on the CongressEquality Programme for People withDisabilities BDC 2005.

During 2003/04 the Disability Committeemonitored progress in these areas.

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Improving Accessibility of Public Servicesfor People with Disabilities In 2004Congress submitted their observations tothe National Disability Authority on theirDraft Guidelines Improving Accessibility ofPublic Services for People with Disabilities -Seeking Your Views. Arising from acommitment in the PPF, the NDA was givena role along with the DJELR to guide andaudit progress of Government Departmentsto make their services accessible to peoplewith disabilities. Successful departmentscan be awarded accessibility symbols.Excellence through Accessibility (EtA) wasfounded in 2003 and after consultations withGovernment Departments has developedassessment tools, carried out pilots, doneawareness raising (on the BuiltEnvironment and ICT, as well as FETACapproved Equality and Disability modules )and carried out Expert Peer Reviews. Adviceand support has also been made availableto state agencies – Dublin Bus, FailteIreland, Dublin Airport Authority, LocalAuthorities, Comhairle and the Departmentof Enterprise, Trade & Employment. A Guide on Access Handbook is currentlyunder preparation.

European Year of People with DisabilitiesThe European Union designated 2003 as theEuropean Year of People with Disabilities(EYPD) in order to raise awareness of theabilities, talents and participation of peoplewith disabilities as well as the barriers toinclusion they face. Congress wasrepresented on the National CocoordinatingCommittee charged with organising eventsto mark the Year. Brendan Conway was theCongress representative. For its partCongress chaired a consortium oforganisations requested by the Minister ofState, Mr. Frank Fahey, T.D. to present aseries of five regional conferences in Cork,Galway, Limerick, Sligo and Waterford inNovember and December 2003. Theobjective of the conferences was to presentlocal flagship employments where peoplewith disabilities were successfully andgainfully employed, in the Private and PublicSectors. Congress was duly honoured for itscontribution at the closing ceremony earlyin 2004.

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The Way Forward

The priority areas for Congress and TradeUnions in the coming years should be:

Civil and Public Sector EmploymentOpportunitiesNoting the disproportionate number peoplewith disabilities in the lower pay grades ofthe civil and public service and the lack ofpromotion opportunities, unions will work toaddress the needs of civil and publicservants with disabilities by promotingequality of opportunity between employeeswith and without disabilities by:

organising briefing and awarenesssessions on disability related issues in the workplace;

arranging with management for theregular and accurate reporting ofproportions of employees with a disabilityat different grade levels;

pursuing positive action measures inaccordance with the Equality Act, 2004where disproportionate levels ofemployment of people are recorded and;

negotiating appropriate accommodationsto employees with a disability includingimprovements in access.

While welcoming the legislative provision ofthe Disabilities Bill, 2004 aimed atunderpinning the three percent employmentquota in public service and proposals to adopta complex decentralised monitoring system inthe Disabilities Bill 2004, Congress isconcerned that this provision could, potentially,undermine the three percent employmenttarget and will work with affiliate unions toensure that the commitment remains and thatappropriate mechanisms to monitor theachievement of the target are established aswell as a penalty for non–compliance.

Private SectorCongress welcomes the publication of theICTU/IBEC Joint Employment Guidelines as asignificant contribution to improvingemployment opportunities for people withdisabilities in the Private sector and willwork to support all unions in their efforts topursue the implementation of theseGuidelines in all private sectoremployments. Guidelines available onwww.workway.ie

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Trade Unions & DisabilityEquality is a core principle of the tradeunion movement. Equality and fairness atwork is a universal entitlement, whichshould not be defined by one’s disability.Congress will promote and support allunions in their efforts to adopt andimplement the Equality Clause approved atthe Special Delegate Conference inSeptember ’04, which includes a clearcommitment to promote equality and toeliminate all forms of harassment,prejudice and unfair discrimination, bothwithin our own structures and through allour activities, including our ownemployment practices.

Congress will also promote and support allunions to adopt both the general equalityclause and the new Trade Union Code ofPractice for People with Disabilities toensure that people with disabilities arerecognised and treated as having equalstatus with all other persons within thetrade union movement. All unions shouldwork to promote equality and equalopportunities and to ensure that disabilitycan be safely accommodated within our

work environment in all our employmentpractices and internal union practices and procedures.

May 2005

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