Don't Discriminate Electronically - IT Panel Article 2004

The internet can make a significant difference to the life of a disabled person. For instance, software enables blind, the partially sighted and people with dyslexia to have the text on a web site read out to them. People with poor sight can change the size of the font on a page in the same way as any able bodied person can, providing the web designer has not fixed the size. If you are colour blind, you can, to a certain extent, alter the colour scheme on a web site. If you are blind, you no longer have to telephone the store to book an appointment to go shopping. Instead of taking a day out to do the weekly shop, you can sit down in front of a screen and order goods online and have them delivered at some stage in the future. Gone can be the days where shopping for disabled people is an excruciating experience where, for instance, the supermarket provides a member of staff who is a vegetarian to pick goods for a meat eater. For the first time, many blind people can take advantage of the up-to-the-minute news and sports results that are now available on-line. In addition, the inclusion of railway and bus timetables in web sites enable blind and partially sighted people to be more confident when they travel, and to make ticket reservations independently and easily.

The problem with web site design

However, many web sites (as well as intranets) have not been designed with the disabled user in mind. There are a range of problems that cause users with a disability to move away from popular web sites to look for a site that has made an effort to accommodate people with disabilities. Problems can include text and colour schemes that are fixed, which means the viewer cannot alter the text or the colour scheme on their screen. Other examples include images that have not been provided with a description of the image in text for blind people, and web sites that rely on new technologies that are not available to all users.

The law

This lack of consideration for disabled users has been dealt with by way of the Disability Discrimination Act 1995 (“the Act”). The Act has been implemented in stages, and the crucial date for any organization with a web site was 1 October 1999, when sections 21(1), (2)(d), (4), (6) and (10) were brought into force by the Disability Discrimination Act 1995 (Commencement Order No 6) Order 1999 SI 1999 No 1190. Sections 21(3) and (5) were brought into force on 26 April 1999 by the same statutory instrument.

Section 19(3) of the Act provides examples of the services which section 20 and 21 applies. Sub-section (b) applies to “access to and use of means of communications” and sub-section (c) applies to “access to and use of information services”. Both of these sub-sections apply to the design and functioning of web sites and intranets.

More recently, the Disability Discrimination Act 1995 (Amendment) Regulations 2003 SI 2003 No 1673, implements the provisions of Council Directive 2000/78/EC (OJ No. L 303, 2.12.2000, p.16) establishing a general framework for equal treatment in employment and occupation, so far as it relates to disability discrimination. The regulations, which come into force on 1 October 2004, impose specific provisions upon Barristers under regulation 8 in relation to any pupillage or tenancy. Discrimination is unlawful in relation to “a provision, criterion or practice applied by or on behalf of a barrister of barrister’s clerk” (new section 7B(1)(a) to the Act) as well as to any physical feature of premises (new section 7B(1)(b) to the Act). It may be that the “provision” will include use of the web sites and intranets, where details are to be found about pupillages and how to apply for a pupillage. Now is the time to consider the second generation web site and intranet, if ever there was one.

Stephen Mason, 2004
IT Panel