Paul Donnelly (Dublin West, Sinn Fein)
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623. To ask the Minister for Children and Youth Affairs the requirements of hotels and bed and breakfast accommodation to supply the use of a wheelchair hoist for guests if required; and if it is normal practice for guest accommodation to have hoists. [36814/20]

Roderic O'Gorman (Dublin West, Green Party)
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The law that deals with discrimination in relation to goods and services is the Equal Status Acts 2000-2018. It prohibits discrimination on nine grounds including that of disability.  Discrimination on the ground of disability includes a refusal or failure by a service provider to do all that is reasonable to accommodate the needs of a disabled person by providing special treatment or facilities, if without such facilities it would be impossible or unduly difficult for the person to avail himself or herself of the service.  However, service providers are not obliged to provide special facilities or treatment when this costs more than what is called a ‘nominal cost’. A nominal cost will be different for each person or organisation as it depends on the size of the business and its budget.

The Workplace Relations Commission (WRC) is the independent body responsible for investigating complaints of discrimination under the Equal Status Acts.

Regarding the specific issue raised in relation to hotel and bed and breakfast accommodation and the provision of wheelchair hoists, the Technical Guidance Document for Part M of the 2010 Building Regulations does not require that a hoist be provided in hotel or guest accommodation. The Document  does provide for space to enable a wheelchair user to manoeuvre at the side of a bed and transfer independently to it. Additionally, the Centre for Excellence in Universal Design (at the National Disability Authority) has published a best practice guidance document ‘Building for Everyone: A Universal Design Approach’, which advises on the amount of space to be included to facilitate wheelchair users in hotel and guest house accommodation. A larger amount of space is recommended where a mobile hoist is provided.