Employment of people with disabilities in the public sector Part 5 Disability Act Eithne Fitzgerald Head of Policy and Research

The National Disability Authority is the independent state body providing expert advice on disability policy and practice to Government, and promoting Universal Design in Ireland

Public service employment target 3% employment target introduced in 1977 Put on statutory footing from 2006 Legal obligation to promote and support employment of people with disabilities Monitoring and reporting structure

Context Employment rate of people with disabilities is half that of others (33% v 66%) Even in the boom times, employment rate low Public sector target an important positive action measure 2006 data suggests 2:1 public to private sector 3% target is very conservative – 11% of people of working age have a disability Act provides for jobs target to be varied

Disability and employment 2011

Pwd by difficulty working QNHS 2002

Legal obligation on public bodies As far as practicable take all reasonable measures to promote and support the employment of pwd Reach 3% target unless there are good reasons to the contrary Report on compliance by 31 st March Comply with any statutory Codes of Practice Covers public service (except Gardai, army, schools)

Pwd of working age (20-64) - Census 2006 Potential labour force (less home duties, students, older retired) 99,000 Not in work In work unemployed Labour force status ill/ disabled 63,000 72, ,000 81,000 People with disabilities and employment 62,000 11,000 Difficult y workin g Difficult y working 208,000

Monitoring system Monitoring Committees with trade union representation oversee compliance in bodies under their Departments Finance/PER oversee civil servant employment Monitoring cttes first point of oversight They report to National Disability Authority NDA issues annual report to Minister NDA can recommend enforcement action

National Disability Authority role Monitoring Committees send reports to us on compliance, by end June NDA prepares annual report on compliance Published If public body is in breach 2 years in a row, NDA can recommend mandatory action, with agreement of relevant Minister Guidance to public bodies

How are we doing? 2007 – 2.5% across the public service 2008 – 2.7% 2009 – 2.9% 2010 – 2.7% 2011 – looking good Substantive issues – embargo, downsizing. Bodies who don’t give this obligation attention Data issues. Poor collection. Poor response rates.

NDA follow-up Valid reasons - micro-bodies, safety-critical work, specialist qualifications, embargo Focus on bodies which have been recruiting but not met the target Statutory requests for information to get behind why hasn’t met the target Strategic support to larger bodies Tailored advice

Definition of disability ‘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’ Focus is on people with more serious difficulties No reflection on anybody’s capacity to do their job People who have been accommodated because of a disability are included

Collecting data Baseline census of all employees with disabilities Establish disability status as per Disability Act of all employees Update annually by reference to –Recruitment of staff with disabilities –Departure of staff with disabilities –Staff who acquire a disability People reluctant to report a disability Non-completion of forms

Looking to the future 1977 intake now retiring Strategic planning around recruitment must take 3% target on board Engage with bodies who can supply potential recruits Not enough to say ‘no-one qualified’ – strategic approach to training pwd for jobs Support, promote, retain Recession won’t last forever!