EMBARGO 0001 Hours Thursday 19th February 2004




The National Council for the Blind of Ireland (NCBI) has expressed its concern at the decision of the ODEI - the Equality Tribunal in the case of Joan Salmon v Para Equestrian Ireland (PEI) (DEC S2004 - 002).




The NCBI is the main service provider for 7,000 people with vision impairments in Ireland, and was established to promote the full independence of people with vision impairments and to minimise the disabling effects of vision impairment.




The Joan Salmon v PEI case arose from an incident in 2001, when Ms. Salmon, a blind horsewoman, questioned through the media why she was not allowed by PEI to bring her guide dog to a training event in Scotland.




The ODEI's decision, published today (Thursday 19th February 2004) states that:




"I find that, while the complainant (Joan Salmon) may have been less favourably treated, that it was not because she contacted the media to oppose a perceived act of discrimination but because of the inappropriate manner in which she did so."




Commenting today on the case, Mr. Des Kenny, Chief Executive of NCBI, said he was concerned that the decision could set a legal precedent for future case law in this area, and could be seen to communicate the message that people with disabilities should not highlight perceived discrimination through the media.




"NCBI is surprised to see that the victimisation provisions in the Equal Status Act 2000 do not appear to protect those who protest in a public way. This is an issue which may require an amendment to the Act in order for it to be rectified. In addition, regardless of the merits or otherwise of this particular case, we are also concerned that the message that could be communicated by this decision is that an individual has rights only as long as he or she does not assert or defend those rights through the media."




Mr Kenny said that the NCBI recognises and supports the rights of people with disabilities, and their representative organisations, to raise and communicate perceived grievances directly to the individual/organisation or indirectly through the media or a lobby group.




"While too often, people may use the media to air these issues, without first considering direct negotiation and consultation, it is generally because they feel they have no other choice and see no other course of action open to them. Often the only source of a particular service to a disabled person is a voluntary body. So, for instance, if a voluntary service user complains or seeks to get what they?re entitled to, they run the risk of being perceived as difficult, ungrateful and unreasonable. They also run the risk of the service being withdrawn.




"NCBI continues to encourage people with disabilities to defend their rights, whether in direct consultation with individuals who they feel have aggrieved them, by communicating with local representatives, through the media, with organisations such as NCBI, or through ODEI - the Equality Tribunal," Des Kenny concluded.