employment of people with disabilities in the public sector part 5 disability act eithne fitzgerald...
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Employment of people with disabilities in the public sectorPart 5 Disability Act
Eithne Fitzgerald
Head of Policy and Research
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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
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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
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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
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Disability and employment 2011
0%
10%
20%
30%
40%
50%
60%
70%
80%
20-24 25-34 35-44 45-54 55-64 20-64
pwd
others
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Pwd by difficulty workingQNHS 2002
53.6
20.1
27.8
17.418.7
62.4
0
10
20
30
40
50
60
70
working not working
no restrsome resthigh restr
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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 31st March
• Comply with any statutory Codes of Practice
• Covers public service (except Gardai, army, schools)
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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 15,000
81,000
People with disabilities and employment
62,000
11,000
Difficulty working
Difficultyworking
208,000
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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
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National Disability Authority role• Monitoring Committees send reports to us
on compliance, by end June
• NDA prepares annual report on compliance
• Published www.nda.ie
• 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
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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.
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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
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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
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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
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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!