Dyson Ruth: Disabled Persons Employment Promotion Repeal Bill Minimum Wage Amendment Bill — Third Readings 
Dyson Ruth: Disabled Persons Employment Promotion Repeal Bill Minimum Wage Amendment Bill — Third Readings 
[Volume:638;Page:8206] 
Hon RUTH DYSON (Minister for Disability Issues) 
: 
 I move  
That the Disabled Persons Employment Promotion Repeal Bill and the Minimum Wage Amendment Bill be now read a third time 
. These bills ensure that disabled New Zealand workers have access to the same employment conditions rights and entitlements as all other New Zealanders. Repealing the Disabled Persons Employment Promotion Act 1960 is an important step in ensuring that the abilities potential contributions and rights of all New Zealanders are recognised. For 47 years disabled people have not had the same employment rights or protections as other New Zealand citizens; the Act is out of step with New Zealand and international human rights law. 
Repealing the Act reflects the Government’s approach to disability issues as set out in the New Zealand Disability Strategy. Disabled people have told us that they want a fully inclusive society where they have the same opportunities as other New Zealanders. Those include participating in training and employment and receiving fair remuneration for the work they do. I would have expected all members of Parliament and New Zealand society to share those expectations. 
Repealing this outdated legislation is part of a package of wider changes aimed at ensuring that the voice of disabled people in New Zealand is heard and acted upon. We have undertaken extensive consultation with disabled people with their families and with service providers over the wider package of reforms. Nearly 100 submissions were received on the 2000 vocational services review alone. These bills were prepared reflecting the findings of the vocational services review and were referred to the Social Services Committee on 26 May 2004. The committee received and considered 16 submissions on the legislation four supplementary submissions and 13 oral submissions. 
All submissions on the legislation supported the intent of the repeal although some submissions expressed concerns about its implementation. Some submitters were worried that the move to paying the minimum wage would force some sheltered workshops to close. The intention of the repeal is not to close sheltered workshops; that has never been its aim. But yes the legislation will mean change. It does not mean that sheltered workshops will close and it certainly does not mean that people will be sent home with nothing meaningful to do. The repeal will mean that all sheltered workshops will have to pay everyone they employ at least the minimum wage—unless an individual worker has an exemption. It will also mean that all people who work in sheltered workshops will have access to holiday and sick leave entitlements—all the conditions that every other New Zealand worker enjoys. By repealing the Act disabled New Zealanders will finally be valued for what they can do rather than be defined by the place in which they work. 
This legislation also amends the Minimum Wage Act 1983 to make the system for considering minimum wage exemption permits more focused and transparent. Minimum wage exemption permits are not new; they have existed for some time under the Minimum Wage Act as under-rate workers’ permits. We are now extending this option to sheltered workshops and changing the name to minimum wage exemption permits. These permits are a pragmatic straightforward option that ensures that real paid employment opportunities exist for as many people as possible. 
Workers who are significantly and demonstrably limited in their work can be issued with a minimum wage exemption permit but unlike the blanket exemptions that exist now these permits will reflect the individual contribution of workers. Before considering whether an exemption is appropriate the employer must have made reasonable accommodations to facilitate people carrying out the requirements of the job. Labour inspectors will give someone an exemption permit only if the worker and employer agree there is a good reason why such a permit should be granted. Throughout the process labour inspectors will ensure that the interests of employees are protected. 
This legislation is part of a package of wider changes aimed at improving employment opportunities for disabled people. Our Government has committed significant increased funding to ensure that sheltered workshops and disabled workers are supported in making these changes which include increasing the supports to help people to work in the open labour market providing wider access to supported employment services and developing further the transition from school services. 
Some providers may move out of sheltered work. Should a provider wish to do that the Ministry of Social Development will work with the provider and its clients to ensure that disabled people continue to have appropriate options—including access to open paid employment—available to them. I am pleased to say that our wider changes have resulted in over 9000 disabled people gaining jobs compared with an estimated 3000 being in employment in 2001—a trebling of the number. I am also heartened by the attitude of many sheltered workshop operators who have already started making changes in anticipation of the repeal. Operators are making their organisations more commercially viable so that they can pay their employees proper wages. Some employers are already paying the minimum wage and more. 
Recently the New Zealand Federation of Vocational and Support Services launched its document  
Principles of Excellence for Employment Support 
. Those principles of excellence were developed with the specific intention of assisting organisations in their transition from providing sheltered work to providing employment services in line with the Pathways to Inclusion strategy. The support from vocational and support services is further evidence of the timeliness in repealing this outdated and discriminatory legislation. Many organisations no longer want to be known as sheltered workshops recognising that this designation is now inaccurate and disparaging. Disabled people have told us that they want a range of options for participating in the labour market; a modern economy should be able to provide that for all citizens. This legislation ensures that the disabled worker is no longer underpaid for the value of his or her work. 
I wish to acknowledge the efforts made by all those organisations parents families and employers who made submissions to the Social Services Committee and I acknowledge the time and thought that the members of the select committee expended in deliberating on this bill. I also acknowledge the excellent work of officials over many years in working on this repeal. 
I commend these bills to members as important legislation that will finally ensure that disabled people are recognised for what they can do not for what they cannot do. This legislation has been a long time coming. The repeal was first signalled in 2000 with the launch of the vocational services review. This repeal is necessary to reflect our Government’s approach to disability issues as set out in the New Zealand Disability Strategy. It is time we realised that it is now 2007 not 1960 and that disabled people deserve to have the same employment rights and obligations as all other New Zealanders. I commend these bills to the House. 
The ASSISTANT SPEAKER (H V Ross Robertson) 
: I remind members of the gallery that there is to be no applause. The debate is in the House it is not with them. If it happens again they will be asked by the Serjeant-at-Arms to leave.