Disability law to be based on Irish and Australian models
GUERNSEY’S disability discrimination legislation will be based on the Irish and Australian laws.
During February and March, Employment & Social Security has been working with Dr Shivaun Quinlivan and Dr Lucy-Ann Buckley, from the National University of Ireland Galway’s Centre for Disability Law and Policy, to identify on which country to model Guernsey’s law.
At the end of March, Drs Quinlivan and Buckley discussed their findings with the committee.
President Michelle Le Clerc said: ‘Using model laws will help us to progress faster than writing the law from scratch.
‘While it may seem complicated to work with two countries simultaneously, the Irish equality laws – the Equal Status Acts, 2000-2016 and the Employment Equality Acts, 1998-2015 – drew on the Australian Disability Discrimination Act, 1992 when they were drafted, so they are already related.’
The laws of the UK, Republic of Ireland, Canada, Australia, New Zealand and Hong Kong were reviewed.
‘Drs Quinlivan and Buckley reviewed legislation against a number of different factors, including to what extent it would work with Guernsey’s legal context; the complexity of the legislation; its compliance with the guidance of the UN Committee on the Rights of Persons with Disabilities and its effectiveness.
‘No model is perfect, but we believe that the Irish/Australian model will be a sound starting point for Guernsey.’
ESS will review and tailor the legislation before undertaking a public consultation.
The Guernsey Disability Alliance welcomed the announcement.
‘The process of reviewing legislation from six jurisdictions was a considerable and complex task. The GDA thanks both ESS and the legal experts from the National University of Ireland Galway for completing this stage of the project within what was a tight project timeline,’ said a spokesman.
‘We believe the suggested approach and models should enable Guernsey to now make further progress towards developing effective and fair legislation which will comply with the UN Convention on the Rights of Persons with Disabilities.
‘The GDA is keen to see the next stage, of tailoring the chosen legislation progress as efficiently.’
Deputy Le Clerc has previously said that the earliest the law could go to the States would be the first quarter of next year.
The disability strategy has been beset by delays since it received States backing in 2013.
