Joint Committee on the Draft Disability Discrimination Bill Minutes of Evidence


Examination of Witnesses (Questions 140 - 144)

WEDNESDAY 25 FEBRUARY 2004

MR NEIL BETTERIDGE, MS ANN BATES AND MR GRAHAME LAWSON

  Q140  Miss Begg: Moving on to the Blue Badge, I chair the Traffic Management Bill and I was very aware that there was an amendment down which was withdrawn because the Minister did give an assurance that he would come back. I spoke to the Minister the other day and he reiterated that there would be the changes to the regulations governing the Blue Badge, particularly on enforcement. Would you prefer to see that kind of provision or these changes to the Blue Badge scheme through the Traffic Management Bill or the Draft Disability Discrimination Bill?

  Mr Betteridge: Going back to the point about outcomes being more important than outputs, as long as it happens is one answer! We know that the Government have accepted the recommendations made by DPTAC around the Blue Badge scheme which do need primary legislation. There are three main issues that need to be picked up through primary legislation, and I think the Traffic Management Bill can provide an ideal home for at least one of those. However, we cannot be sure and if you cannot be sure certainly we cannot, so I think it is important that that does not disappear from the agenda of this piece of legislation because we cannot miss two opportunities to find long-awaited legislative homes for recommendations that are so important in making sure the Blue Badge scheme recovers some of its robustness and how it operates.

  Q141  Miss Begg: So it is a case of warning this Committee to keep a watching brief on what happens at the first stage?

  Mr Betteridge: Yes.

  Q142  Miss Begg: My worry with the Traffic Management Bill is that there is the odd bit that applies in Scotland but the vast majority of it does not. Would there have to be extra provisions to make sure that obviously the section on the Blue Badge did apply in Scotland?

  Mr Lawson: There are three points that we believe require primary legislation. Certainly in terms of promoting powers of inspection, that would seem to sit readily with the Traffic Management Bill if the Government were so minded. Regarding an alternative wording to the use of "institutional" and the creation of a national database, there may be some question about where these two particular aspects lie but the key point from our point of view is that all three are covered one way or another within one or more of these two bills because there has been a commitment by Government to early action on this. But going back to the issue of enforcement, my Lord, the powers of enforcement do exist in Scotland already. We did talk about anticipating, and I am pleased to say that the    Scottish Parliament anticipated this recommendation from DPTAC and made provision for it in the 2001 Transport Act. The Regulations relating to this were brought in at the end of last year and came into effect, in fact, on 1 January this year, so police and parking attendants in Scotland do now have the powers to inspect Blue Badges.

  Miss Begg: Well, they have not asked me yet!

  Q143  Chairman: I understand that the Traffic Management Bill is still in Committee in the Commons so there are a further four stages if you include the Lords in which the bill can be amended, so there is time to do it if the intention is there. Are there any comments you would like to make, other than those you have already made, about the draft bill?

  Mr Betteridge: If I may, just to conclude, there is one point of process. DPTAC was extremely disappointed that it took four to six weeks for the bill to be put into accessible formats—

  Q144  Chairman: You are entitled to be; that is quite right. That is a matter for the department and not this Committee, but I am pleased you said it.

  Mr Betteridge: More positively, we believe now the important opportunities are around practicable yet urgent implementation of these measures. Further delays really cannot be accepted, certainly by disabled people, and I sincerely believe that industry now wants some clarity and specific timetabling, and that the Government has a leadership role to play here in putting forward at least provisional timetabling and scheduling that we can consult all the relevant stakeholders on. So we do make this a practicable as well as an aspirational exercise. Finally, there is not just something in this for disabled people—which there is, of course, if we improve mobility; not just something in it for industry—which, of course, there is if we increase their customer base; but something in it for all of us including Government, because if disabled people cannot travel and if mobility continues to be severely hampered in comparison with other members of society, then other Government policies, ones which are likely to remain whatever the political hue of the Government of the day is, will be undermined, whether it is prompt hospital discharge, independent living, healthy ageing or welfare to work. All of these policies will be significantly undermined without effective legislation relating transport to the understandable and very reasonable wishes of disabled people to have the same rights to travel as everyone else.

  Chairman: That is an excellent summary, thank you. I think we can all agree that if you ask any disabled person which area of this bill has the most day-to-day and practical effect on the way they live, it is transport. Thank you; you have been extremely helpful.





 
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