DPTAC response to the Joint Committee
in respect of the Department of Work and Pensions' Draft Disability
Discrimination Bill
Summary of
comments and recommendations
The consultation process
DPTAC seeks assurances from the Government that it
will ensure that all documentation that its departments, agencies
and regulators produce for consultation will be available in accessible
formats on the day of publication. (paragraph 6)
Clause 3 - Application of Sections 19 to 21 of
the Act to transport vehicles
DPTAC recommends that the Government sets out its
intended timetable for regulations to lift the Part 3 exemption
from transport operators before the Bill is introduced into Parliament.
(paragraph 10)
Clause 3 - Power to make regulations for aviation
and shipping
DPTAC recommends the early announcement of dates
by which the Government expects to be ready to take a view as
to how effective the voluntary approach has proved. DPTAC recommends
a date of the end of 2005 for this purpose. (paragraph 13)
Clause 3 - Rail Vehicle Accessibility Regulations
DPTAC recommends that Ministers give the drafting
of these powers the priority and resources needed to ensure that
the powers could be included in the Bill by the time that it is
introduced into Parliament. (paragraph 14)
DPTAC's recommendation is for an end date of 2017
[for all rail vehicles to comply with the Rail Vehicle Accessibility
Regulations 1998], which would bring rail in line with the bus
industry, We also recommend the implementation of a 'Menu Plus'
approach to refurbishment regulations which will improve access
(if not achieve full compliance) in the interim. (paragraph 16)
DPTAC is aware that for any agreed end date and refurbishment
regulations to be effective in ensuring compliance and accessibility,
that they need to be backed up by robust and proactive monitoring
and enforcement regimes. DPTAC urges the Government to ensure
that these schemes are adequately resourced and implemented by
appropriately trained and resourced staff. (paragraph 17)
Clause 3 - Exclusion of the Blue Badge Scheme
DPTAC believes that there is a real danger of the
Government missing the opportunity to legislate in respect of
the Blue Badge Scheme in its draft Disability Discrimination Bill.
(paragraph 18)
Clause 4 - Discrimination by Public Authorities
DPTAC recommends that the Government amends the Bill
to make clear that public authorities have an anticipatory duty
to make reasonable adjustments and not to discriminate. DPTAC
further recommends a more appropriate trigger for reasonable adjustments.
(as in Clause 5) of the Bill. (paragraph 27)
DPTAC finds the subjective 'reasonable opinion standard'
objectionable in all cases, and particularly inappropriate to
the carrying out of public functions. (paragraph 28)
DPTAC recommends that the Disability Rights Commission's
arbitration service is extended to cover public functions…
or an equivalent service provided by its successor, the Commission
for Equality and Human Rights. (paragraph 29)
Clause 6 - Discrimination in relation to the letting
of premises
DPTAC believes that Clause 6 provides an opportunity
to implement the Disability Rights Task Force's recommendation
that provision should be made in civil rights legislation so that
landlords cannot unreasonably refuse consent for disabled people
to change physical features to improve accessibility. (paragraph
30)
-
Clause 8 - Duties of Public Authorities
DPTAC supports the proposal to create a duty for
public authorities to promote disability equality in the exercise
of their functions…. Where bodies are excluded, DPTAC believes
that this needs to be justified on a case-by-case basis. (paragraph
31)
Clause 9 - Codes of Practice
DPTAC seeks assurances from the Government that it
will provide DPTAC, the Disability Rights Commission, and other
bodies involved, with the resources and support they need to allow
them to complete this process [developing and issuing Codes] in
good time. (paragraph 33)
Clause 12 - Meaning of 'disability'
DPTAC recommends that an appropriate and flexible
way of including specific conditions would be to include a regulation
making power in the Bill. (paragraph 37)
Introduction
The Disabled
Persons Transport Advisory Committee (DPTAC) is pleased to have
the chance to comment on the draft Disability Discrimination Bill
at the stage of pre-legislative scrutiny. DPTAC welcomes the publication
of this draft Bill, which would extend the duties on service providers
to meet the needs of disabled people. DPTAC particularly welcomes
the Government's intention to secure Royal Assent for this Bill
before the end of the current Parliament.
This is a long awaited measure, which goes much
of the way towards enacting the unanimous recommendations of the
Disability Rights Task Force in 1999. DPTAC also welcomes this
route of pre-legislative scrutiny that the Government has chosen
to adopt, while acknowledging that this could delay Royal Assent.
Pre-legislative scrutiny suggests Government recognition that
the Bill will benefit from taking on board the comments of disabled
people. We look forward to a positive response to our recommendations.
DPTAC was established under the Transport
Act 1985 to advise the Government on the transport needs of disabled
people. In 2000 our role was extended, on a non-statutory basis,
to advising the Government on the built environment needs of disabled
people, and we will be commenting on this consultation in both
these capacities.
DPTAC's four overarching principles form
the basis of responses to consultations. Annex 1 sets these out,
along with the demographic trends that underpin DPTAC's strategic
approach to disability, transport and the built environment, and
outlines that approach.
The consultation
process
The draft Bill was published on 3 December
2003. DPTAC is very concerned by the length of time it has taken
to produce the draft Bill in alternative formats. It has taken
a month to provide the Bill papers in Braille, and audio-tape
versions and on-line text in a format which can be read by the
screen readers used by many visually-impaired people. British
Sign Language and 'Easy Read' versions for people with learning
disabilities were still in preparation after six weeks of the
consultation period had elapsed. DPTAC seeks assurances from the
Government that it will ensure that all documentation that its
departments, agencies and regulators produce for consultation
will be available in accessible formats on the day of publication.
Comments on
specific clauses
Clause 3 - Application
of Sections 19 to 21 of the Act to transport vehicles
- Clause 3 of the draft Bill
allows the Disability Discrimination Act to be extended to cover
discrimination in relation to the use of a means of transport.
At present section 19(5) of the Disability Discrimination Act
1995 excludes the use of a means of transport from Part III of
the Act. As a result disabled people are denied a right of access
to transport. For example, a transport official could refuse them
access on the grounds of their disability, even to a service that
is otherwise accessible to them. Therefore DPTAC welcomes the
proposal to replace the current exemption of transport services
from sections 19 to 21 with the more precise exclusion of the
provision and use of a vehicle, which is set out in the new section
21ZA(1) and (2).
- DPTAC also commends the proposal in new
section 21ZA(3) to disapply this exclusion by regulation. This
has the potential to bring within the scope of the Disability
Discrimination Act 1995 services such as tourism, leisure transport,
private rental, car hire and vehicle breakdown operations, as
well as taxis, private hire vehicles, trams, buses and trains.
DPTAC sees no justification for the continued exclusion of these
services from the scope of the Act.
- DPTAC believes that regulations need to
set out in detail what is needed to address the needs of the widest
range of disabled people, including wheelchair users, ambulant
disabled people, and those with sensory or learning impairments
or mental health problems. There is a risk that these last two
categories can be excluded from consideration. Ministers, officials
and commentators have been known to use expressions such as 'accessible
buses' and 'accessible taxis', when what is meant is vehicles
that are accessible to people in wheelchairs. This can promote
an inaccurate and incomplete view of what the term 'disability'
means.
- DPTAC appreciates the value of the flexibility
that is proposed in allowing the exclusion to be lifted for different
types of vehicles, or types of service, at different times. However,
DPTAC is concerned at the absence of any commitment to a timescale
by which the new exclusion will be lifted for any service or type
of vehicle whatsoever. DPTAC recommends that the Government sets
out its intended timetable for regulations to lift the Part 3
exemption from transport operators before the Bill is introduced
into Parliament.
Clause 3 - Power to make
regulations for aviation and shipping
- The Government has stated that it plans
to introduce regulations covering public transport services -
buses and coaches, trains (including trams and light rail), taxis
and private hire vehicles. It maintains that this would have the
biggest impact on the mobility of disabled people in their day-to-day
activities.
- In addition, the Government has stated that it
plans to make regulations to cover aviation or shipping only if
the voluntary approach fails to produce results. DPTAC agrees
with the principle that the voluntary approach needs to be given
time to work. The Government has worked in partnership with DPTAC
to develop Codes of Practice, and the setting of benchmarks is
well in hand.
- DPTAC therefore recommends the early announcement
of dates by which the Government expects to be ready to take a
view as to how effective the voluntary approach has proved. DPTAC
recommends a date of the end of 2005 for this purpose as providing
sufficient time for the aviation and shipping sectors to have
shown evidence of significant progress. If progress has not been
achieved by then, the Government should be prepared to introduce
regulations for aviation and shipping.
Clause 3 - Rail Vehicle
Accessibility Regulations
- The Government has stated that the Bill it will
bring to Parliament will include powers to set a final date for
all rail vehicles to comply with the Rail Vehicle Accessibility
Regulations 1998 (RVAR). The Government also plans to take a power
to make accessibility regulations, which will apply to the refurbishment
of rail stock before existing trains have to be replaced. DPTAC
appreciates that the inclusion of these powers in the Bill will
depend on the outcome of a consultation exercise that the Department
for Transport has recently concluded.
- DPTAC has responded fully to this consultation,
and a copy of the response is attached at Annex 2 to this memorandum.
In its response, DPTAC welcomed assurances from the Department
for Transport that draft regulations would be ready for inclusion
and that rail provisions would be fully covered when the Disability
Bill was presented to Parliament. DPTAC now recommends that Ministers
give the drafting of these powers the priority and resources needed
to ensure that the powers could be included in the Bill by the
time that it is introduced into Parliament.
- It is DPTAC's view that the most practical and
pragmatic way forward is to achieve a balance between end dates
and refurbishment regulations to achieve optimum accessibility
within the shortest timescale.
- DPTAC's recommendation is for an end date of
2017, which would bring rail in line with the bus industry, We
also recommend the implementation of a 'Menu Plus' approach to
refurbishment regulations which will improve access (if not achieve
full compliance) in the interim. This would be a major step towards
the 'seamless' journey that is required to give disabled people
the confidence and ability to travel independently with ease,
safety and in comfort. We commend it to the Committee.
- DPTAC is aware that for any agreed end date and
refurbishment regulations to be effective in ensuring compliance
and accessibility, that they need to be backed up by robust and
proactive monitoring and enforcement regimes. DPTAC urges the
Government to ensure that these schemes are adequately resourced
and implemented by appropriately trained and resourced staff.
Clause 3 - Exclusion of
the Blue Badge Scheme
- DPTAC believes that there is a real danger of
the Government missing the opportunity to legislate in respect
of the Blue Badge Scheme in its draft Disability Discrimination
Bill. The Blue Badge Scheme is the popular name for the Disabled
Persons' Parking Badge Scheme, introduced in 1971.
- The Scheme provides an on-street parking concession
enabling people such as those with severe walking difficulties,
who travel either as drivers or passengers, to park close to their
destinations. The Scheme also applies to registered blind people
and people with severe upper limb disabilities who cannot turn
a steering wheel by hand.
- In November 2001 Ministers invited DPTAC to co-ordinate
the collation and assessment of responses to the Department for
Transport's consultation on the review of the Blue Badge Scheme.
DPTAC made recommendations to Ministers (including Scottish Ministers).
These included three changes that required primary legislation:
creating powers of inspection by the Police and parking attendants
to assist with enforcement; adopting an alternative form of wording
to "institutional" to better reflect eligible organisations;
and the creation of a national database.
- The then Parliamentary Under Secretary of State
for Transport (Mr. David Jamieson) said to the House of Commons
on 18 December 2002: 'There are a number of areas in which
we have undertaken to look at amending primary legislation…
We will be seeking opportunities to introduce those changes as
soon as possible.'
- Almost exactly a year later, the Government appears
to DPTAC to have missed a clear chance to legislate in the original
Traffic Management Bill that Ministers introduced into Parliament
on 11 December 2003. An amendment was recently tabled in Committee,
which would have brought into the Traffic Management Bill a provision
giving Blue Badge enforcement powers to constables, traffic wardens
and parking attendants. The Parliamentary Under Secretary of State'
clearly stated his intent, on the withdrawal of this amendment
on 10 February, to "come back to the issue at a later stage
in the Bill's progress with something that reflects the sentiment
of the new clause".
- DPTAC warmly welcomes this statement, but is
aware that Traffic Management Bill, at the end of the day, may
not contain this provision. DPTAC also remains concerned that
two of its other recommendations which require primary legislation
- adopting an alternative form of wording to "institutional"
and the creation of a national database - have not been included
in the Traffic Management Bill statement. DPTAC notes that the
draft Disability Discrimination Bill could be another missed opportunity,
particularly as the equivalent powers on enforcement in Scotland
were included in the Transport (Scotland) Act 2001 and introduced
in January 2004.
- Pre-legislative scrutiny offers the ideal opportunity
for the Government to make the changes to the draft Disability
Discrimination Bill that are necessary for it to include these
changes to the Blue Badge Scheme. DPTAC recommends that this be
done by amending the long title of the Bill to read 'To implement
the recommendations of the Disability Rights Task Force by amending
the Disability Discrimination Act 1995 and other legislation'.
Clause 4 - Discrimination
by Public Authorities
- DPTAC welcomes the proposal to extend the Disability
Discrimination Act, making it unlawful for public authorities,
without justification, to discriminate against a disabled person
when exercising its functions. This will be in addition to the
provision of services, which is already covered by the Disability
Discrimination Act. DPTAC's interest in this is in respect of
transport and built environment functions, including those relating
to access to pavements and highways and to planning and housing.
The proposal should also clarify the status of the pedestrian
environment, which is one of DPTAC's key concerns.
- However DPTAC is concerned at the very high threshold
that has been set for making reasonable adjustments. These are
required where an authority carries out a function and where,
for a reason related to the disabled person's disability, the
outcome is very much less favourable for her or him than it would
be for others to whom that reason would not apply. This creates
the very high threshold that there must be a "very much less
favourable" outcome. In addition this duty does not appear
to be anticipatory, unlike the equivalent and current duty that
local authorities have in relation to delivery of services.
- DPTAC therefore recommends that the Government
amends the Bill to make clear that public authorities have an
anticipatory duty to make reasonable adjustments and not to discriminate.
DPTAC further recommends a more appropriate trigger for reasonable
adjustments. This could be 'adversely affect' (as in Clause 5)
of the Bill.
- Additionally, DPTAC is concerned that the 'reasonable
opinion standard' in discrimination cases could be applied to
the carrying out of public sector functions. This allows for a
defence of discrimination where it is based on wrongly held prejudices
and stereotypes about disabled people, provided that such beliefs
are viewed by the judge as "reasonably" held. DPTAC
finds the subjective 'reasonable opinion standard' objectionable
in all cases, and particularly inappropriate to the carrying out
of public functions.
- DPTAC also recommends that arbitration should
be encouraged as a method of resolving disputes in cases of discrimination.
DPTAC therefore recommends that the Disability Rights Commission's
arbitration service be extended to cover public functions, in
addition to the provision of services, or an equivalent service
provided by its successor, the Commission for Equality and Human
Rights.
Clause 6 - Discrimination
in relation to the letting of premises
- DPTAC believes that Clause 6 provides an opportunity
to implement the Disability Rights Task Force's recommendation
that provision should be made in civil rights legislation so that
landlords cannot unreasonably refuse consent for disabled people
to change physical features to improve accessibility. The Government
has taken the position (in the footnote to page 12 of the Explanatory
Notes to the draft Bill) that this is covered by existing legislation,
including the 1927 Landlord and Tenant Act. The Disability Rights
Commission has expressed a contrary view, that existing law is
inadequate and has never been used for this purpose. DPTAC supports
the Disability Rights Commission's recommendation that provision
should be made in the new Bill so that proper guidance can be
given and disabled people's rights can be properly enforced.
Clause 8 - Duties of Public
Authorities
- DPTAC also supports the proposal to create a
duty for public authorities to promote disability equality in
the exercise of their functions. DPTAC wishes to see early clarification
of what other bodies, in addition to Government Departments, local
authorities, the police and other governmental organisations,
would be regarded as 'public authorities' for this purpose. Where
bodies are excluded, DPTAC believes that this needs to be justified
on a case-by-case basis.
Clause 9 - Codes of Practice
- DPTAC welcomes the proposal to change section
53A of the Disability Discrimination Act to enable the Disability
Rights Commission to issue Codes of Practice in relation to the
new public authority duties. Codes will be particularly useful
in helping local authorities, the courts and those who advise
disabled people to employ correct and consistent definitions of
what adjustments and opinions are 'reasonable'.
- DPTAC notes that the Government aims to make
regulations with respect to the transport provisions, along with
issuing these Codes, as soon as practicable after the Bill in
its final form receives Royal Assent. DPTAC seeks assurances from
the Government that it will provide DPTAC, the Disability Rights
Commission, and other bodies involved, with the resources and
support they need to allow them to complete this process in good
time.
Clause 12 - Meaning of
'disability'
- DPTAC acknowledges that it is difficult to legislate
around a purely social model of disability . DPTAC does remain
concerned that naming specific conditions in legislation can have
the effect of placing excessive emphasis on medical aspects of
the definition of disability. This should be kept to a minimum.
- DPTAC does welcome the Government's acceptance
of the Disability Rights Task Force's recommendation that the
definition of disability be extended to clearly include more people
with HIV and cancer from the point of diagnosis. At present, coverage
of these conditions is not guaranteed. This action acknowledges
the disabling effect of stigma associated with these conditions.
- The Government also plans to extend the definition
of disability to cover multiple sclerosis. This was not a Disability
Rights Task Force recommendation. DPTAC believes that multiple
sclerosis does not differ in kind from similar progressively disabling
conditions, such as motor neurone disease and rheumatoid arthritis,
and that these should also be included in the scope of the Bill.
DPTAC sees merit in simply extending the definition to cover all
progressive conditions from the point of diagnosis.
- DPTAC recommends that another appropriate and
flexible way of including specific conditions would be to include
a regulation making power in the Bill. This would permit Ministers,
with the agreement of Parliament, to establish and modify a list
of eligible conditions. This would also allow for the inclusion
of mental health problems and learning impairments. Additionally,
the list could be updated to reflect changes in treatment that
could in future render certain disorders less disabling than they
are at present. It would complement the Government's proposal
for a power to enable the Secretary of State to issue guidance
on the definition of disability.
| Name and Address |
| Neil Betteridge
Chair, Disabled Persons Transport Advisory Committee
1/14 Great Minster House
76 Marsham Street
London SW1P 4 DR
|
| Telephone Number 020 7944 8012
|
| Email address Dptac@dft.gov.uk
|
Annex 1 DPTAC's
approach and its basis in population trends
1. DPTAC uses four overarching principles
on which to base its advice to Government, other organisations
and disabled people on. These are that:
- Accessibility for disabled people
is a condition of any investment;
- Accessibility for disabled people must be a mainstream
activity;
- Users should be involved in determining accessibility;
- Achieving accessibility for disabled people is
the responsibility of the provider.
Trends in population
2. DPTAC's principal concern is to ensure
accessibility for disabled people. By this we mean inclusive transport
systems and built environments that are easy to reach, use and
understand by all; in safety and comfort.
3. Disabled people account for a significant
proportion of the population. People with physical and sensory
impairments make up one in five of the UK population, or 8.5 million
adults in Great Britain. One in five of these are of working age.
In addition, one in six adults will experience some form of mental
ill health at some point in their life. It has also been estimated
that up to 1,750,000 people may have mild, and up to 350,000 people
may have severe learning disabilities.
4. Levels of disability increase with age:
8% of those aged 16-17 years have a current long-term disability,
compared with 33% of those aged 50 to 65. Disabled people have
a spending power of around £40 billion each year.
5. Disabled people are not an homogenous
group with identical needs. The needs of people with mental health
problems or learning disabilities are distinct from those of wheelchair
users for example. Even within disabilities needs vary; for example
a profoundly deaf person will not benefit from an induction loop.
6. Of disabled people overall, in broad
terms:
- 70% have difficulty walking and/or climbing steps;
- 41% have a hearing loss;
- 24% have a vision loss.
7. The recent 2001 census has confirmed that
the population in England has aged and will continue to do so.
There is a strong positive correlation between ageing and disability,
particularly as ever more people will live into their late 70s
and 80s when the incidence of disability rises sharply. In broad
terms, over the next 30 years:
- The proportion of the population
over 65 will increase by 40%;
- The number of people aged over 65 will double;
- The proportion over 80 will increase by 100%
and the number will treble.
8. Over the period that will bring about these
changes in the population profile, the overall population will
increase by less than 7%.
9. The nation risks adverse economic as well
as social impacts from this growth in numbers of disabled and
older people, if we fail to recognise and address the need for
more inclusive environments. Mobility and transport are vital
to achieving and sustaining self-sufficiency and independence
into old age.
10. Disabled people live throughout the community.
One in four households has a disabled resident. The need for access
for disabled people is not limited to specific areas or buildings
but present throughout the wider transport and the built environment
systems.
A strategic approach
11. There is enormous scope and opportunity to
improve accessibility for disabled people but it will require
a strong commitment at all levels.
12. Accessibility for disabled people is often
only considered in terms in terms of detailed design. DPTAC believes
this is no longer sufficient and that strategic decisions, investment
and policies must be underpinned by consideration of accessibility
for disabled people, with evidence of how diversity has been considered
in decision making.
13. DPTAC welcomes the Government's commitment
to accessibility being a condition of public money being spent
in Transport 2010.
14. Private and public investors of any transport
or built environment project need to know whether investment plans
meet the need of disabled people. They will also need evidence
that people at all levels of responsibility understand how to
provide accessibility for disabled people effectively to prevent
a waste of resources.
Annex 2: Disabled Persons Transport Advisory Committee
response to
Disability
Discrimination Act 1995
Rail Vehicles
Consultation
on the Government's proposals to amend the Rail provisions in
Part V of the Disability Discrimination Act
Introduction
- The Disabled Persons Transport Advisory Committee
(DPTAC) welcomes the opportunity to comment on the Department
for Transport's, 'Consultation on the Government's proposals to
amend the Rail provisions in Part V of the Disability Discrimination
Act'.
- DPTAC was established under the
Transport Act 1985 to advise the Government on the transport needs
of disabled people. Our role was extended in 2000, on a non-statutory
basis, to advise the Government on the built environment needs
of disabled people.
- We based our advice on four underlying principles,
which are that:
- accessibility for disabled people is a condition
of any investment;
- accessibility for disabled people must be a mainstream
activity;
- users should be involved in determining accessibility;
- achieving accessibility for disabled people is
the responsibility of the provider.
- These principles are the basis of our response.
Some general comments on accessibility for disabled people are
also set out in Annex A.
General
- DPTAC welcomes the opportunity to comment on
this consultation and is pleased that the Department for Transport
is taking this opportunity to clarify requirements and rectify
omissions, which have become apparent since the drafting of the
original Disability Discrimination Act and Rail Vehicle Accessibility
Regulations. However we are disappointed by the length of time
that it has taken to reach this stage, as the recommendations
upon which it is based were first made by the Disability Rights
Task Force in 1999 and accepted by the Government in 2001.
- In line with the rest of the population, disabled
people's expectations are higher than ever before, in terms of
being able to travel when, where and how they chose. It is DPTAC's
stated aim 'to ensure that disabled people can go where everyone
else goes and that they can do so easily and without extra cost'.
To this end, DPTAC would wish to see full compliance across the
rail network as soon as possible.
- However we are aware that there are considerable
cost and engineering implications to the industry, and accept
that it is not reasonable or practical to expect TOCs to replace
their whole fleet instantly. Accessibility must be achieved through
a structured, mutually agreeable programme, which is transparent
to both the industry and users.
- It is DPTAC's view that the most practical and
pragmatic way forward is to achieve a balance between end dates
and refurbishment regulations to achieve optimum accessibility
within the shortest timescale.
- We do feel, however, that during any consideration
of timescales and end dates, it should be remembered that we are
not starting from a blank sheet, the DDA has been in place since
1995, the RVAR since 1998 and in July 2000, the Government clearly
set out its stance in its ten-year plan for transport, Transport
2010[1].
- The Rail Industry, in common with other service
providers, has been aware of the Government's and intention to
legislate for a long time and should already be well advanced
in planning and implementing access for disabled people.
- DPTAC recognise that some operators have taken
this proactive approach and have used the time to develop and
implement good practice in providing access for disabled people,
thereby spreading costs. DPTAC commend these operators and welcome
the social and financial benefits they have achieved.
- However some operators have chosen to adopt a
'wait and see' stance. This 'minimum standard' approach to accessibility,
which demonstrates a lack of commitment to meet the needs of disabled
passengers, is not acceptable and should not be seen as valid
grounds to delay the implementation of an end date.
Proposed changes
End Date
- The Government is committed to integrated public
transport and to enforceable civil rights for disabled people.
These commitments must be translated into quantifiable legislation.
- DPTAC understands that this is only the first
stage of the consultation and that a definitive end date will
be established following the more focussed subsequent consultation.
We would take this opportunity to urge the Government to set the
end dates as early as is practicable, to allow disabled people
the ability to use the rail network or at least to consider rail
as a viable transport alternative.
- It is unlikely that any rail journey would be
made in isolation, most potential rail passengers would have to
use some other form of transport to get to the station, and/or
to continue their journey. It is therefore vital that every step
of the journey is accessible.
- We believe that an end date of 2017
should be introduced, to bring rail in line with the bus industry.
Continuity between RVAR and The Public Service Vehicles Accessibility
Regulations (PSVAR) 2000 would be a major step towards the 'seamless'
journey that is required to give disabled people the confidence
and ability to travel independently with ease, safety and in comfort.
- However, DPTAC concede that some
operators may have legitimate reasons to consider this date unfeasible.
To address these cases, a robust exemption process should be put
in place. This exemption process should place the duty firmly
on the owner/operator to demonstrate that they are taking accessibility
seriously and would consider owner/operators and vehicles on a
case by case basis.
- DPTAC recommend that an end date of 2025 should
be set for all exemptions granted under this process.
- DPTAC is sensitive to the need to strike a balance
between end dates and refurbishment to achieve optimum accessibility
within the shortest time scale. Any agreed end date must be backed
up by a strong and proactive refurbishment programme which will
improve access (if not achieve full compliance) in the interim.
- DPTAC have no wish to delay or impede this process,
we would rather see an active, ongoing programme of refurbishment
than wait for the industry to comply with a distant end date.
- If companies can demonstrate that an end date
of 2017 would cause them to delay or even cancel refurbishment
programmes which would impede accessibility then they should apply
to be considered under the above exemption process.
- DPTAC believe that any agreed end date should
override any prior lifetime exemptions, except those granted on
grounds of innovation and heritage (see paras 60-64). DPTAC also
agree that the of the scope of RVAR should be extended to include
mass transit systems, as we see no reason for their current exemption
from RVAR.
- DPTAC supports the amendment of
RVAR to include all new vehicles rather than just new classes
of vehicles.
- In the 6 years since RVAR came into effect, the
problems and areas of non-compliance with classes of trains already
in service or in development, have been identified and in many
cases solutions have been developed and implemented. It is up
to the industry to find appropriate solutions and share good practice.
- DPTAC firmly believe that there is no justification
or reason for any non-compliant trains to still be in production.
Refurbishment
- As stated earlier, DPTAC believe that any agreed
end date must be backed up by a strong and proactive refurbishment
programme.
- DPTAC realise that through interim improvements,
a large proportion of vehicles will become accessible, if not
fully compliant, long before the end date.
- However any such programme must be transparent,
structured and enforceable. In terms of the options identified
in the consultation, DPTAC agree that the most efficient and effective
method of implementing a refurbishment programme would be by means
of the 'Menu' option.
- We appreciate the practical issues involved in
undertaking refurbishment work whilst still providing a full,
uninterrupted service for all passengers, and believe this approach
would be the most cost effective and cause minimum disruption
by giving greater control to the vehicle owners and operators,
enabling them to factor access improvements into routine maintenance/refurbishment
schedules, thereby reducing costs and downtime.
- However we do not feel that this approach goes
far enough since it only takes into account 'like for like' improvements
and does not apply to facilities where they do not already exist.
We recommend that this option should be extended to become a 'Menu
Plus' approach which would then cover the installation of items
as such as passenger information systems and wheelchair accessible
toilets where they do not currently exist.
- DPTAC feel that this is especially important
as the provision or absence of Passenger Information Systems and
wheelchair accessible toilets are two of the major barriers or
deterrents preventing many disabled people from using the rail
network.
- Good, clear, reliable, up-to-date information
is essential not only to people with visual and hearing impairments,
but also to ambulant disabled people, who may need advance warning
and preparation time to act e.g. prior to arriving at their destination
station or when a change of platform is announced. It should also
be noted that this applies to many other groups of rail passengers
such as older people, parents with small children and/or buggies
and people with heavy bags or luggage.
- Accurate and reliable information is also key
to relieving stress for people with mental health problems, learning
disabilities as well as tourists and other passengers travelling
on an unfamiliar route.
- DPTAC does not consider it unreasonable to expect
a wheelchair accessible toilet on all trains making journeys of
more than one hour's duration.
- DPTAC strongly feel that these are not items
which can reasonably be allowed to remain unaltered or absent
until the agreed end date and need to be addressed during refurbishment.
- We are aware of the need for very thorough consideration
on how to take this 'Menu Plus' option forward and would expect
the next phase of the consultation to explore more closely the
drafting and implementation.
- Again, DPTAC would expect any refurbishment
regime to be backed up by a robust enforcement procedure implemented
by appropriately trained and resourced staff.
- It is vital that this is not seen as a disincentive
to refurbish existing rolling stock, or used as a loophole by
owners/operators in order to avoid making what are perceived to
be expensive accessibility improvements.
- We would seek the inclusion of a process by which
operators must demonstrate that they have ensured that improvements
to access have been considered (even if they have not been implemented),
every time money is spent on vehicles prior to the end date. We
also would seek a system which encourages owners/operator of even
vehicles with limited franchise or vehicle life to do as much
as possible towards access if not full compliance.
Compliance Certification
- DPTAC supports the introduction of Compliance
Certificates such as those issued under Schedule 4 of the PSVAR.
- This formal compliance process will
clarify requirements and eliminate areas of ambiguity, which currently
exist. It would send a clear message to train designers, manufactures,
owners and operators that access for disabled passengers should
not be treated as an 'optional extra'.
- However we are concerned that a Compliance Certificate
should not be seen merely as a 'tick box' for accessibility. It
is often the everyday operational policies and practices of operators
and staff that make vehicles inaccessible. A commonly cited example
of this operational non-compliance is a wheelchair space which
users are unable to access if the table is left locked in place,
as is often the case.
- To ensure that compliance with RVAR is seen as
essential at both the design, manufacture and operational stages
of a vehicle's life, we would seek assurances that an ongoing
regime to monitor operational compliance and maintenance will
be included under this certification process. This regime should
be proactive and carried out by fully trained and resourced inspectors.
- DPTAC feel that this monitoring and enforcement
of compliance is vital if disabled people are to have the confidence
to travel and to ensure that money spent on implementing and improving
accessible facilities is not wasted by misuse or bad practice.
- DPTAC is aware that in future the RVAR will be
superseded by European Interoperability Directives, such as those
already in effect for Heavy Rail systems.
- DPTAC welcome this opportunity to standardise
requirements and provisions across Europe. However, we share the
concerns of many disabled people that in order to do so across
a number of regulatory regimes with varying or no accessibility
standards, that these industry lead directives may take a more
conservative approach that we would wish.
- We understand that the UK Government is committed
to not lowering the current standards of RVAR and we urge them
to ensure that the RVAR is used as a base standard for any European
Interoperability Directive including accessibility requirements.
- We would also request assurances that the Government
would seek an exemption from any such Directive if its requirements
were less than those currently laid out in RVAR.
Decriminalisation
- DPTAC support the decriminalisation of the offences
in Section 46 and the implementation of civil sanctions.
- Regulations are only as strong as the relevant
monitoring and enforcement regime, and DPTAC is well aware that
the current system is ineffective and does not command respect.
- We would therefore welcome the establishment
of a strong and proactive enforcement regime.
- DPTAC would also seek assurances that any enforcement
scheme would be adequately resourced to ensure that it is proactive
rather just rely on customer complaints.
- However we are concerned that the term 'light
touch' enforcement regime, as used in the consultation document,
does not sit well with many disabled people.
- DPTAC would urge the Department to reconsider
this terminology so as to reassure disabled people that the proposed
changes are for the benefit of passengers rather than the industry.
Exemptions
- DPTAC welcomes the simplification of the RVAR
exemption procedures under section 47 of the DDA 1995.
- As a statutory consultee and active participant
in the RVAR exemption process, we are well aware of the shortcomings
of current exemption process.
- We agree that the current requirement for all
exemptions orders to be made by Statutory Instrument following
Parliamentary approval is unnecessary and time consuming.
- During this consultation process we have sought
and received reassurance from the Department for Transport that
DPTAC will still be included in the exemption process and are
content with these assurances. We are also content with assurances
that the simplification of the process will not mean a relaxation
of the current strict criteria. Following these assurances, DPTAC
sees no problem with the concept of Administration Orders which
would be drafted and authorised by the Department for Transport.
- DPTAC is pleased by the decreasing number of
applications for exemption from RVAR over the last few years.
We see this as a positive indication that the Rail Industry is
'designing in' accessibility and finding solutions to existing
problems. We would encourage TOC's to innovate and share existing
good practice.
- In 2003 the majority of applications considered
were from heritage organisations who, in most cases, are providing
an experience rather than a transport service.
- Although we agree that, given the
nature of the vehicles and service, it seems inappropriate that
small, voluntary organisations should have to go through the same
process as TOC's, we are concerned that they should not be completely
exempt from the process. We feel that it is important that such
organisations should still be encouraged to comply with the spirit
if not the letter of the regulations.
- DPTAC have been encouraged that it is often these
smaller organisations who try the hardest and devise the most
innovative solutions to give access to disabled people. We would
encourage the introduction of a simplified process by which heritage
organisations could seek advice and guidance on accessibility
and staff training issues.
- We have also been pleased to recommend the granting
of exemptions on the grounds of innovation. Several operators
have developed facilities which, whilst not complying with the
exact technical specification of RVAR, are well within the spirit
and attempt to improve the quality of the travelling experience
for disabled passengers. DPTAC welcome these applications and
strongly believe that there will always be a place for innovation
within the framework of the RVAR
- We believe that only current exemptions granted
on the basis of innovation or heritage should be exempt from the
agreed end date.
Implementation
- Whilst we share the concern of many
disabled people that rail provisions are not included in the current
draft Disability Bill, it is our understanding that the conclusions
of this and the subsequent consultation will feed into the final
Disability Bill.
- DPTAC welcome assurances from the Department
for Transport that draft regulations will be ready for inclusion
and rail provisions fully covered when the Disability Bill is
presented to Parliament.
Conclusion
- DPTAC welcome the proposals to amend
the rail provisions in Part V of the DDA1995. We believe that
a review of the current provisions is necessary and long overdue.
- We believe that the rail industry need clear,
unequivocal direction that access for disabled passengers is not
a luxury or an optional extra. DPTAC believe it is unacceptable
that in 2004 many disabled rail passengers travelling on routes
served by Mark I 'slam door' stock are still forced to travel
in guards vans without heat, light or any proper security measures.
- In the process of creating a fully compliant
rail network, the introduction of an agreed end date and refurbishment
regulations will give guidance and clarity to both the industry
and disabled people in terms of what needs to be done, how it
will be done and when it will be done.
- To ensure ongoing compliance and accessibility,
it is vital that these regulations are backed up by robust, proactive
and fully resourced monitoring and enforcement regimes.
- Whilst we understand that the rail industry,
- in common with all other industries - does not enjoy unlimited
funding, we do not accept that cost should be the deciding factor
in providing access for disabled passengers, limited budgets should
not be used as an excuse to avoid responsibility.
- We firmly believe that the operators and regulators
should ensure that all available money is used wisely to ensure
maximum benefit to all passengers.
- We feel that the rail industry should realise
that access is not just about expenditure, but also about creating
revenue by carrying more fare paying passengers.
Annex A
General comments on accessibility
for disabled people
The population
- Disabled people account for a significant
proportion of the population. The number of disabled people varies
according to the definition used. There are an estimated 8.6 million
adult disabled people in Great Britain[2]
and 11.7 million people are covered by the provisions of the Disability
Discrimination Act 1995[3].
- Disabled people are not a homogenous group
with identical needs. The needs of people with mental health problems
or learning disabilities are distinct from those of wheelchair
users for example. Even within disabilities needs vary, for example
a profoundly deaf person will not benefit from a hearing aid.
- Of disabled people overall, in broad terms:
- 70% have difficulty walking and/or climbing steps;
- 41% have a hearing loss;
- 24% have a vision loss.
- Disabled people live throughout the whole community.
One in four households are reported to have a disabled resident.
The need for access for disabled people is not limited to specific
areas or buildings but present throughout transport and the built
environment.
- In broad terms, over the next 30 years:
- The proportion of the population
over 65 will increase by 40%;
- The number of people aged over 65 will double;
- The proportion over 80 will increase by 100%
and the number will treble.
- Over the same period that will bring about these
changes in the population profile, the overall population will
increase by less than 7%.
- There is a correlation between the age and disability.
Over half the population aged over 75 has some kind of disability
and two thirds of disabled people are over pension age. Many have
more than one disability that affects their mobility.
- The growing disabled and older populations will
have social as well as economic implications if those responsible
for transport systems and built environments do not recognise
and address the need for more inclusive environments. Mobility
and transport are vital to achieving and sustaining self-sufficiency
and independence into old age.
Accessibility for disabled people
- 'Accessibility' is a term
that is interpreted differently by different audiences. By accessibility
for disabled people we are seeking inclusive transport systems
and built environments which are easy to reach, use and understand
in safety and comfort.
- DPTAC's believe disabled people should have access
to the transport choices and opportunities available to non-disabled
people. By doing so everyone would have the opportunity for independent
mobility.
- To maximise the full potential market, people
need to be able to use a service. Otherwise many people will be
excluded - and along with them their friends and families. Those
people will be forced to look at alternatives. It is estimated
that accessibility issues are relevant for 30-40% of the travelling
population at any one time. Disabled people alone spend £40bn
annually in the UK.
- Accessibility for disabled people benefits everyone,
including older people, those with temporary disabilities or those
temporarily encumbered with heavy luggage or pushing a pram. It
also helps people for whom English is not their first language
or people in an unfamiliar place by making it easier to use and
understand.
A strategic approach
- There is enormous scope and opportunity to improve
accessibility for disabled people but it will require a strong
commitment at all levels.
- DPTAC believes that the need for - and
benefit from - an inclusive transport system and built environment
should be given a high profile.
- The Government's ten-year plan for transport,
Transport 2010, stated;
"6.5 The Government is committed to public transport
that is accessible to disabled people. The rate and level of new
investment in this Plan will ensure that improvements in the accessibility
of public transport are brought forward more quickly. Building
in accessibility for all disabled people in all new investment
is a condition of public money being spent. Local authorities
and transport operators should ensure that the transport needs
of disabled people are factored into their plans and that the
full benefits of improved public transport are accessible to all."
- Providing access for disabled people is often
only considered in terms in terms of detailed design. DPTAC believes
this is no longer sufficient and that strategic decisions, investment
and policies must address access for disabled people.
- We welcome the Government's commitment to accessibility
being a condition of public money being spent. However, it is
the experience of disabled people which will measure whether it
is having an impact.
- To be effective all investors in the transport
and built environment, public and private, at all levels, need
to understand how to provide access effectively and require evidence
access is improving as a result of their investment.
- The Disability Rights Taskforce
(DRTF) report 'From Exclusion to Inclusion' contains a
summary of the problems faced by disabled people with access to
travel and the built environment. The Government's response, 'Towards
Inclusion', published in April 2000, provides details of action
that is being taken to address these issues. Further references
are given on DPTAC's web site at www.dptac.gov.uk
Skills and competencies in accessibility for disabled
people
- Investment in people is also necessary. All staff,
including those who plan, provide, manage and operate services
or deliver policies will benefit from disability equality training
to a high standard.
- Training is relevant to everyone involved from
the boardroom to the front line of service provision and policy
implementation. There is a need for all staff, not just those
dealing with the public, to understand the relevance of their
work to access for disabled people.
- To be effective, training itself must be relevant
to the job, of high quality and on-going. Education and on-going
training for staff should be a key element in delivering access.
- It will be essential to incorporate accessibility
for disabled people in training and retraining of those responsible
for planning, designing, operating, maintaining and management
transport services, infrastructure and built environments, including
the public realm.
- There is support, guidance and advice available
to help deliver inclusive environments. Those responsible need
to understand and apply this to their work and not see access
as a separate burden.
- There are also specific regulations and requirements
that set out the minimum standards for accessibility for disabled
people, for example on bus and rolling stock design. These minimum
requirements must be met in full. As the understanding
of peoples access needs evolves improvements can be made.
Early consideration and involvement of disabled people
is advised to ensure accessibility considerations and local problems
are taken into account.
1
'Transport 2010'
6.5 The Government is committed to public transport
that is accessible to disabled people... Building in accessibility
for all disabled people in all new investment is a condition of
public money being spent. Local authorities and transport operators
should ensure that the transport needs of disabled people are
factored into their plans and that the full benefits of improved
public transport are accessible to all."
Back
2
Grundy E.et al (1999), Disability in Great Britain: Results
from the 1996/7 Disability Follow up to the Family Resources Survey,
Department of Social Security, Research report 94, CDS, Leeds.
Back
3
Grahame Whitfield (1997), The Disability Discrimination Act:
Analysis of Data from an Omnibus
Survey; In-house report 30,
Department of Social Security. Back
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