Disability Discrimination Bill

Disability Discrimination Bill

31/01/2005

Written Evidence to Equal Opportunities Committee on Disability Discrimination bill

For more information about this submission, please contact Kate Higgins, Policy and Parliamentary Affairs Manager, Tel: 0131 347 1014.

Capability Scotland is the country’s leading disability organisation working for a just Scotland.  We work with children, adults and families living with disability to support them in their everyday lives. Capability Scotland also works with disabled people for a fair and just Scotland by influencing policy, legislation, practice and attitudes

We are also a member of Disability Agenda Scotland, an alliance of Scotland’s leading disability organisations, founded in 1998.  Together our experience, expertise and interests cover physical disability, sensory impairment, learning disability and mental health problems.  Disability Agenda Scotland submitted written evidence on the draft disability discrimination bill to the Joint Committee.

Capability Scotland welcomes the Disability Discrimination bill and is pleased that it implements a number of the outstanding recommendations made by the Disability Rights taskforce.  We particularly welcome the extension to cover transport and the new duty on public authorities to promote disability equality.  We note that the Sewel motion is in relation primarily to the regulation making powers contained within the bill and that the committee’s main concern is whether or not the Scottish Parliament should introduce a bill that creates these powers for Scottish Ministers over devolved issues.

We have views on some other issues relating to the bill which will be decided at Westminster and are happy to discuss these with the Committee in oral evidence if the committee wishes.

 Regulation Making Powers
Capability Scotland considers that the Scottish Parliament should not use a Sewel motion in relation to these powers.  A bill should therefore be introduced and passed by the Parliament that gives those powers to Scottish Ministers over issues that are devolved to them.  Our main issue of concern is in relation to transport and the plans for implementing the DDA over various transport modes in phases.

Transport
In welcoming the extension of the DDA to cover the use of means of transport, Capability Scotland is concerned that implementation will be phased and will be by way of regulations.  The impact of the provision will depend entirely on the content and timing of regulations.  The UK Government has detailed its timetable for various means of transport. 

Its intention is that:

• By 2016 all single deck buses must be wheelchair accessible
• By 2017 all double deck buses must be wheelchair accessible
• From January 2005 all new coaches must be fully wheelchair accessible
• From January 2020 all coaches must be fully wheelchair accessible
• By end of 2005 over 4000 accessible coaches and carriages on trains will be in use
• By end of 2020 all trains, coaches and carriages should be fully accessible
• During early 2005 the UK Government hopes to consult on new draft licensing regulations to cover taxis (although it is not clear if these measures will cover Scotland)

There has been no timetable set for the phasing in of accessibility on aviation and shipping (airplanes and ferries in the main).  The UK Government has stated that it wishes to assess the impact of voluntary Codes of Practice (guidance) before deciding whether to extend the DDA to cover these services.  It intends to review aviation by mid 2005 and should have completed its review of shipping by end 2004, although this timetable may now have slipped.

The Mobility and Access Committee for Scotland (MACS) has acknowledged its current limited remit in relation to these modes of transport.  However, the research into the Voluntary Code covering shipping seems only to evaluate the effectiveness of guidance on the design of large passenger vessels.  MACS indicates that there is no similar guidance for small passenger vessels which make up the bulk of ferries sailing in Scotland.  MACS has been involved in the design of this guidance and this should have been available by the end of 2004.

Shipping in Scotland
It is clear, however, that the distinct needs and issues affecting Scotland in relation to shipping and especially, ferry travel are not being taken into account.  Capability Scotland attended a recent conference in London on the impact of disability discrimination legislation on transport.  We asked Charlotte Atkins MP, the Parliamentary Under Secretary of State for Transport, if the research currently being undertaken by the government was considering the specific needs of lifeline ferry services that operate in the Scottish Highlands and Islands and whether or not the government would consider exempting such lifeline services from the voluntary codes and implement regulations immediately.  Ann Frye, Head of the Mobility Unit at the Dept of Transport answered the first part by indicating that the research was looking at the extent of accessible provision across the board but not at particular types of ferry or air travel.  She stated that the government is aware of the “relative importance” of Highlands and Islands provision.  The second part of the question went unanswered.

While we consider the response to have been helpful, Capability Scotland is concerned that the UK government does not fully appreciate the role such lifeline services play in serving island communities.  We would welcome the committee attempting to seek clarification on this issue.  However, if the Scottish Parliament had its own regulation making powers in relation to this bill, with the transfer of significant powers from Westminster to Holyrood relating to transport, this might enable Scotland to implement the DDA in relation to vital means of transport like the lifeline services, that are distinct and unique to Scotland, at a pace that suits the needs here.

Accessibility of Caledonian MacBrayne vessels
Capability Scotland has conducted some research into the accessibility of Caledonian MacBrayne’s fleet.  Of the 30 ferries with facilities listed on its website, 1 has a disabled toilet and lift, 1 has separate seating for disabled passengers, 1 has enclosed seating for disabled passengers, 9 have no lifts and there is no indication of the provision of facilities for disabled passengers or indeed of the level of accessibility of a further 18 vessels.  Caledonian MacBrayne has been consulting disabled customers and as a result, has made significant improvements to the provision of information, for which the company should be commended.  However, it is clear that the more substantial work of providing accessible ferry travel to and from Scottish islands will require a combination of voluntary action and statutory requirement.  There is a risk that if left to Westminster, the DDA will not be implemented in relation to shipping, until well beyond 2020, leaving many disabled people struggling to make journeys to and from Scottish islands by ferry.

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