Part of the debate – in the Senedd at 5:27 pm on 17 July 2019.
It's estimated that around 1 in 7 people, more than 15 per cent of the population of the UK, are neurodivergent, which means that the brain functions, learns and processes information differently. Different people experience neurodiversity differently. It's therefore important that people are not stereotyped according to the better-known characteristics. Not all autistic people, for example, will be good at maths or have some kind of hidden superpower. Neurodiversity is a form of human diversity. There's no such thing as a 'normal' or 'healthy' type of brain, just as there can be no normal or healthy gender or race or culture. I'm sure that most Assembly Members will be aware from their inboxes of the types of discrimination that autistic people can face. It's that discrimination that we are seeking to tackle with our amendment this afternoon.
Plaid Cymru wants to see neurodivergence as a separate protected characteristic. You could argue that, to some extent, the equality Act has already offered some limited protection for neurodivergence, as it could fall under a more general category of disability, but that's problematic, and I'd like to explain why. To get protection under this Act, a person would need a diagnosis, which we all know can be time consuming, and they would need proof that the condition significantly impairs day-to-day activities. This question shouldn't be looked at through the lens of disability. Neurodivergence doesn't necessarily impair somebody. With the right support, people can thrive. The issue is about understanding and adjustment, not necessarily disability.
The equality Act requires proof that a behaviour or circumstance would discriminate against a typical person with that condition, and that's difficult to enforce for neurodiversity as each condition affects an individual in a unique way. Labelling something as learning difficulties, as often happens, is not helpful. For many people, that term is associated with children, and many neurodivergent workers, for example, do not struggle to acquire new skills or under new concepts. Furthermore, there is no duty to make reasonable adjustments if the employer did not know or could not have reasonably been expected to know that a person was disabled within the meaning of the Act. However, almost three quarters of neurodivergent workers do not disclose their condition for fear of discrimination, and half of all workers who do disclose later regret doing so. And that is exactly why this discrimination should be outlawed. Every speaker here this afternoon accepts that the status quo cannot continue. We all acknowledge how people are being let down by our public services and by our entire society. Carrying on just saying that has to stop now. You on the Government side all voted down the legislation that was previously available to us on this. We now need deeds, not words. When will we see them?