Memorandum from The Blue Badge Network
(DDB 36)
It should be noted that The Blue Badge Network
is hereby referred to as the "Network" throughout this
response.
1. The Blue Badge Network is a registered
Charity No 1018535. The Network commenced operations in 1991 and
now has 8,000 registered members throughout the United Kingdom.
The primary objects of The Blue Badge Network are to assist all
disabled people and their families, of all ages. To help them
integrate more effectively with society through the European Union,
by co-operation, to overcome access and mobility problems. The
Network also seeks to maintain the integrity and validity of the
concessionary parking permit by the prevention of fraud and misuse
of this valuable asset.
2. In respect of the Networks response to
the Draft Disability Discrimination Bill, we ask that the attached
letter dated 20 December 2003 addressed to the Networks President
Mr Ross Cranston QC MP be included and accepted.
3. In respect of the themes numbered one
to eight on page two of the Call for Evidence, the Network responds
as follows:
(1)
lt is the Networks opinion that all the proposals
indicated in the Draft Disability Discrimination Bill are necessary
but insofar as their workability is concerned this will be very
dependent on what central and local government are prepared to
expend on the Bills implementation and policing. Difficulty is
already being experienced in the workings of the Disabled Discrimination
Act 1995; hence the urgent need for the Draft Disability Discrimination
Bill. There will never be sufficient protection for disabled people
or their relatives and carers. Until recent years, disabled people
have not even begun to enjoy "normality" until the current
crop legislation has been introduced. The apparent reliance upon
legislation to enable all disabled people to be treated in the
same way as ambulant must be supported.
(2)
The implementation of the Bill should be arranged
to commence within 18 months.
(4)
The adequacy of procedures in all matters of this
kind is again much dependent upon those employed to carry out
these tasks and the amount of funding proposed for such. Currently,
any "reporting of offences" under the DDA has to be
carried out by individual people who have been discriminated against.
The Network strongly believes that this course of action will
be out of the question for many disabled people and if the same
line of enforcement is adopted for the proposed Bill then again
many disabled people will find it difficult if not impossible
to carry out any proposed prosecutions without assistance and
funding should be provided in such cases.
(5)
The Network is unable to state positively that the
draft bill is achieving the correct balance between securing the
rights of disabled people and imposing duties and costs on the
private and public sectors. In order for the Bill to work efficiently
and to protect those people that the Bill is hopefully designed
to protect against discrimination, there must surely be some cost
to both the private and public sectors, without such, the Bill
will fail to function leaving disabled people without the help
and protection they are expecting from the Bill. There are several
examples where the Bill will continue to fail disabled people
and this is particularly apparent under the transport section
where railways services in outlaying areas fail and will continue
to fail to provide disabled toilets and assistance with wheelchairs
at railway stations. These apparent failures, as the Network has
indicated in the copy letter dated 20 December 2003 should be
included in the Bill. In a similar vein, black cab drivers are
refusing to carry powered wheelchairs in their taxi's due to insurance
companies failing to provide insurance cover for transporting
such items. Large cities such as London, Birmingham and Manchester
have large fleets of black cabs which means that disabled people
using powered wheelchairs will be excluded from such vehicles
and therefore discriminated against the use of black cabs. The
network is also concerned about the apparent discrimination against
disabled people by a very small minority of airlines operating
into this country but registered in Southern Ireland and Holland.
Any voluntary codes used at airports to assist disabled people
should become compulsory if they fail to work.
(6)
The changes to the description of the word "disability"
as indicated on page 22 7/7.1 is welcomed by the Network as the
sufferers from Multiple Sclerosis (MS), Asymptomatic HIV and cancer
requiring substantial treatment have for some time been excluded
from being protected by other Acts of Parliament and therefore
to a certain extent discriminated against.
(7)
The "triggers" referred to in the draft
bill will assist all those providers affected by the DDA to make
reasonable and satisfactory changes to their premises in order
for all disabled people to access them. Providing access to the
premises of service providers work's two ways, it permits disabled
people who have been so far excluded from any such premises to
now having access to them from October 2004 onwards and for the
operators of such premises to gain by the spending power of disabled
people.
(8)
The Network generally agrees that the manifesto issued
by the governments in 2001 has in general been adhered to. It
has already been noted by the Network that more has been achieved
by the present government since they have been in office in the
promotion of disabled matters and the introduction of legislation
to protect disabled people than any other government has in living
memory achieved and we as disabled people are grateful for this.
Never before have disabled people been offered so much for their
protection by legislation together with the introduction of changes
and additional state benefits which has assisted disabled people
to change their life styles to a higher standard. The introduction
of these state benefits, which are aimed specifically at disabled
people, has been a significant advance.
SUMMARY
The Blue Badge Network is fully supportive of
all proposals and legislation suggested by governments that aids
and assists all disabled people to make their lives more secure,
safer and accessible. The Network urges all governments to help
and assist disabled people whenever and wherever they can by the
introduction of workable legislation that assists all concerned.
This document is submitted by the Marquis de
Derval et de Moisdon Patron of The Blue Badge Network on behalf
of its membership and Governing Council.
DRAFT DISABILITY DISCRIMINATION BILL
In respect of the above Bill, I have read through
the three volumes you were kind enough to send to me and on behalf
of the Blue Badge Network members I can only say that the membership
of the Network would fully support any proposals submitted by
the government which assists disabled people and in particular
disabled drivers. However, the Blue Badge Network would like to
point out that the transport lobby have succeeded in delaying
measurers to address discrimination despite the proposed improvements
announced within the Bill leading to the continuing problems of
access to transport systems.
The Blue Badge Network calls for the lifting
of the Regulatory Impact Assessment exempting transport services
from Part 3 of the Disability Discrimination Act 1998 and that
the transport systems listed below should all be included within
the regulations as service providers by 1 October 2004 or as soon
thereafter as possible. Long delays in the current exemptions
being lifted will be unacceptable.
Annex 3 which is contained in the Draft Regulatory
Impact Assessment document and enclosed between pages 27 and 45
appertains to the issue of changes in the carriage of disabled
people by various forms of public transport and includes the following
sectors:
Much criticism has been made of public transport
services by disabled people as to their availability and access.
Further criticism has also been voiced against the operators of
such public transport systems from the refusal of taxi and private
hire drivers to permit guide dogs into their vehicles to the failure
of rail operators to provide suitable spaces for wheelchairs to
be permitted within railway carriages. Reports are still being
heard of wheelchair users being placed in luggage vans because
of the lack of suitable space in carriages. The lack of suitable
training for staff as to the problems encountered by disabled
is at last being included in this proposed legislation and the
various surveys that have been carried out in the preparation
of this document continues to indicate the problems being repeatedly
experienced by disabled people on a daily basis.
The failure for instance of those responsible
for railway stations in outlaying areas to provide disabled toilet
facilities for wheelchair users is to be condemned and as such
legislation should be implemented to ensure such facilities are
available at stations bearing in mind such facilities are not
normally available on railway services. Such matters unfortunately
do not form part of the proposed Bill.
Insofar as Aviation and Shipping is concerned,
any voluntary code of practise that fails to be fully implemented
by those operating such should then be made compulsory by legislation
if deemed necessary. The failure in recent times of some airlines
discriminating against disabled people is to be condemned and
services provided at airports by operators of such should be consistent
at all airports operated by them, ie the charging for the use
of wheelchairs to access aircraft from terminal buildings and
visa versa not being consistent. It is alleged that Ryan Air and
KLM have been accused of such practice according to media reports.
In respect of care hire services, the Blue Badge
Network recommends that all car hire services should provide both
automatic vehicles and adapted vehicles as a matter of course
to disabled people and that any additional costs for the provision
of such vehicle should be kept to the absolute minimum bearing
in mind that at least 87% of registered disabled people are in
receipt of state benefits and therefore would not be able to afford
excessive charges to hire "specialists" vehicles to
aid their mobility at times when their normal means of transport
is not available for one reason or another.
The introduction of fully accessible buses and
coaches as soon as possible shouId be a priority of the all operators
of such vehicles in order to facilitate the mobility of disabled
people who can use this mode of transport. It is appreciated that
some coach and bus companies have already introduced into service
a limited number of fully accessible vehicles such as "bendy
buses" but some criticism has already been voiced concerning
the lack of training by drivers of such vehicles particularly
when problems have arisen over the loading and unloading of luggage.
More driver training in this respect is therefore recommended.
Any future codes or legislation such as the
Traffic Management Bill concerned with transportation in so far
as disabled people are concerned should be implemented with the
minimum of delay.
We may be somewhat premature in our response
as under the heading "comment" on page 23 of the Explanatory
Notes section of the Bill it states that the said Bill will be
subject to pre-legislative scrutiny and that further details will
appear on the governments website on Disability viz disability.gov.uk.
As of the date of writing this response, no information appears
to be available but I will keep an eye on the website and prepare
an additional response if necessary.
Would you be kind enough to send me a copy of
the Traffic Management Bill referred to above.
It now only leads me to thank you and your staff
on behalf of the BBN for all the work that you have carried out
for us over the last 12 months. May I wish you all a very Merry
Christmas and a Happy New Year.
Alan de Derval et de Moisdon
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