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Health and Social Security - Approved Panel Minutes - 23 February 2018

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Health and Social Security Scrutiny Panel

Record of Meeting

Date: 23rd February 2018

 

Present

Deputy G. Southern , Vice-Chairman Deputy J. Hilton

Senator S. Ferguson

Apologies

Deputy R. Renouf , Chairman Deputy T. McDonald

Absent

 

In attendance

Ms J. Finley, Team Leader, Drug and Alcohol Service

Ms S. McDermott, Social Worker, Health and Social Services

Miss K. Boydens , Scrutiny Officer

 

Ref Back

Agenda matter

Action

19/02/18 Item 1

1. Discrimination (Disability) (Jersey) Regulations 201-

The Panel met with the Team Leader of the Drug and Alcohol Service and a Social Worker to discuss their views on whether addiction should be considered a disability in the Regulations.

It was noted that the proposed wording in the Regulations regarding addiction was: Addiction to alcohol nicotine or any other substance is not a  disability,  unless  the  addiction  was  originally  the  result  of  the administration of medically prescribed drugs or other medical treatment.

The Team Leader explained that the statement itself was discriminative because if a person developed an addiction from the actions of a doctor it would be considered a disability, but if a person developed addiction through psychosocial reasons it would not be considered a disability.

The Panel discussed the submission received from the Medical Officer of Health. The submission had identified approaches taken in some other jurisdictions  which  included  the  American  model  -  Americans  with Disabilities Act 1990 (ADA). Under the American model individuals who were recovering from drug abuse and alcohol addiction would have limited protection from addiction.

The  Team  Leader  commented  that  the  American  approach  would empower  individuals  to  seek  help  for  their  addictions.  In  addition, protection for individuals in recovery may encourage more people living with addiction to apply for employment instead of relying on the benefit system.

The Panel thanked the guests for their time, and they withdrew from the meeting.

The Panel discussed whether an amendment should be made to exclude the paragraph on addiction or whether the paragraph should be amended to reflect the American model. The Panel agreed that, since all Members

 

 

 

were not present, it would meet on Tuesday 27th February to discuss the matter further.