These pages do not apply outside the United Kingdom.

Northern Ireland

The sources I use for this website relate principally to England. Accordingly the website focuses on the position there. This page deals with the position in Northern Ireland as I understand it.

Summary
Applicability of most of DDA in Northern Ireland
Equality Commission for Northern Ireland
Special obligations on public authorities
The European Convention on Human Rights
Other areas of law
Further information

Summary

The DDA as originally enacted extended to Northern Ireland, with some adaptations. However, amendments to the DDA made for the rest of the UK do not apply to Northern Ireland (and vice versa). To an extent the version of the DDA that applies in Northern Ireland is therefore diverging from the version that applies in the rest of the UK, though in practice changes in Northern Ireland often parallel - but lag behind - changes made for the rest of the UK.
Though 'disabilty' is defined in Northern Ireland in substantially the same way as for the rest of the UK, different Guidance applies in each.
Northern Ireland regulations which changed the DDA employment rules from 1st October 2004 closely parallel separate regulations which made amendments for the rest of the UK from the same date. Therefore all or most of my employment page should still apply to Northern Ireland.
Also the UK DDA rules on access to goods and services should apply to Northern Ireland, with certain adaptations.
The education rules for the rest of the UK do not apply in Northern Ireland. However, Northern Ireland now has its own education rules which came into force on 1st September 2005.
The Equality Commission for Northern Ireland (ECNI) - www.equalityni.org - covers disability discrimination. The remit of the Disability Rights Commission is for the rest of the UK. ECNI's website includes some Codes of Practice for Northern Ireland.
Public authorities in Northern Ireland have special obligations to promote equality. This includes an obligation to devise 'equality schemes'. The Equality Commission for Northern Ireland has a role here too.

Most of the DDA applies in Northern Ireland

The Disability Discrimination Act (DDA) as originally passed in 1995 applied in Northern Ireland subject to certain adaptations.

However changes to the DDA in Northern Ireland are now a matter for the Northern Ireland Assembly. This means that the DDA as it applies in Northern Ireland is currently diverging from the DDA as it applies in the rest of the UK - except so far as Northern Ireland makes parallel changes which in practice it often does (www.youarenowcovered.org). Changes now made to the DDA by the Westminter Parliament do not as such apply in Northern Ireland and vice versa. This is because under the Northern Ireland Act 1998, the Northern Ireland Assembly deals with "transferred matters", and the matters transferred to the Assembly include equal opportunity matters. Special arrangements applied while the Assembly was suspended.

Meaning of 'disability' - different Guidance applies

On meaning of disability, the Disability Discrimination Act 1995 generally does apply in Northern Ireland. Accordingly my page on meaning of 'disability' should be useful. This may be subject to certain adaptations which will not necessarily be covered on this website.

However, the 2006 Guidance which now applies to the rest of the UK does not apply in Northern Ireland. The current Guidance for Northern Ireland was issued in 2008 and is available at www.ofmdfmni.gov.uk/disabilitydiscriminationact1995.pdf. This talks about stammering differently from the 2006 guidance applicable to the rest of the UK (more on this when I have time). This new NI guidance came into force on 21st April 2008, except where the alleged unlawful act took place before that date (SR 2008/141 - link to pdf on OSPI website).

For discrimination before 21st April 2008, 1996 guidance which used to apply for the whole UK is still applicable. This 1996 guidance is available on the DRC's 'Guidance' page (link to DRC archived site).

Amendments made by the Disability Discrimination Act 2005 on meaning of disability are not of great importance for stammering. They do not apply in Northern Ireland but similar amendments are contained in Northern Ireland legislation (see www.ofmdfmni.gov.uk website and www.youarenowcovered.org, and detailed legal rules at www.opsi.gov.uk/si/si2006/20060312.htm).

Employment

All or most of my employment page should still apply to Northern Ireland.

Major changes on employment came into effect in the rest of the UK on 1st October 2004. These are paralleled in Northern Ireland by very similar changes made from the same date under the The Disability Discrimination Act 1995 (Amendment) Regulations (Northern Ireland) 2004 (Statutory Rule 2004 No. 55). This is available at www.opsi.gov.uk/sr/sr2004/20040055.htm. The changes - in Northern Ireland and the rest of the UK - include the abolition of the small employers exemption, protection for various jobs which were previously excluded from the DDA, and no justification defence for 'direct discriminaton'.

Codes of Practice on employment, reflecting the changes from 1st October 2004, came into effect in June 2005 and are available in the ECNI website publications section.

Goods and services

In general the rules on access to goods and services in the Disability Discrimination Act 1995 do apply to Northern Ireland, subject to certain adaptations which will not necessarily be covered on this website.

Amendments made by the Disability Discrimination Act 2005 do not apply in Northern Ireland - but The Disability Discrimination (Northern Ireland) Order 2006 (SI 2006/312) at www.opsi.gov.uk/si/si2006/20060312.htm makes amendments on areas such as transport, public authorities, and clubs. See www.youarenowcovered.org on the changes, but check for when the new rules come into force.

A 2003 Code of Practice on Rights of access: Goods, Facilities, Services and Premises in Northern Ireland, is available in the ECNI website publications section. It includes changes to the law from 1st October 2004.

Education

The rules that came into effect in Great Britain in September 2002, as described on my education pages do not apply in Northern Ireland.

However separate rules against disability discrimination in education came into effect in Northern Ireland on 1st September 2005. These extend to schools, further and higher education institutions and qualifications bodies. There is more about them on the ECNI website.

The rules are contained in the Special Educational Needs and Disability (Northern Ireland) Order 2005, available at www.opsi.gov.uk/si/si2005/20051117.htm. This has been amended as from 1st September 2006 with respect to post-16 education: www.opsi.gov.uk/sr/sr2006/20060332.htm.

Northern Ireland Codes of Practice on education published in 2006 are available in the ECNI website publications section.

Equality Commission for Northern Ireland

This Commission (ECNI) - www.equalityni.org - has a role on disability discrimination matters in Northern Ireland equivalent to that of the Disability Rights Commission in England, Scotland and Wales.

Special obligations on public authorities

In addition to the DDA, Section 75 of the Northern Ireland Act obliges most public authorities in Northern Ireland to have regard to the need to promote equality of opportunity between various groups of people including those with a disability and those without. "Disability" is as defined in the DDA. Under Schedule 9 public authorities must devise equality schemes addressing discrimination. The Equality Commission for Northern Ireland is able to investigate complaints that provisions of an approved equality scheme have not been complied with. Section 75 is an area reserved to the Westminster Parliament.

Furthermore there are new DDA rules on duties and functions of public authorities in The Disability Discrimination (Northern Ireland) Order 2006 (SI 2006/312) - www.opsi.gov.uk/si/si2006/20060312.htm.

There is also a Northern Ireland Human Rights Commission (external link).

The European Convention on Human Rights

Broadly, the Human Rights Act 1998 also applies in Northern Ireland. However, beyond that, the legislation establishing the Northern Ireland Assembly says that it has no power to enact legislation with contravenes the European Convention on Human Rights.

For more, see The European Convention in Scotland, Wales and Northern Ireland.

Other areas of law

There may be other ways in which relevant Northern Ireland law differs from English law.

Further information

External websites

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