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COMMITTEE FOR REGIONAL DEVELOPMENT

Committee Office Room 402
Parliament Buildings
Belfast
BT4 3XX
Tel: 02890 521970
Fax: 02890 525927
Email committee.regionaldevelopment@niassembly.gov.uk

Karen Hughes
Equality Legislation 2 Branch
Office of the First Minister and deputy First Minister
Room E3.18
FREEPOST 3900
Belfast
BT4 3SR

11 March 2009

Regional Development Committee response to the consultation on the removal of the exemption for operators of transport services from Part III of the DDA 1995.

Dear Karen

  1. At the Regional Development Committee meeting held on11 March 2009, Members considered the Office of the First Minister and deputy First Minister’s public consultation on the removal of the exemption for operators of transport services from Part III of the DDA 1995, and would make the following comments.  
  2. The Committee for Regional Development welcomes the consultation and strongly supports the proposed changes to the legislation. The Committee wrote to the Minister for Regional Development in May 2008 on this matter, and noted his commitment to removing the exemption, the positive role for his department in the cross departmental working group of officials tasked with removing this exemption, and his keenness to progress this issue.  
  3. The Committee notes that infrastructure within the transport sector, such as bus and railway stations and airports are already covered by the provisions in Part III of the Disability Discrimination Act 1995 (DDA), and provides people with disabilities with a right of access to goods, facilities and services, the transport services themselves are currently exempt.  
  4. The Committee agrees that the current situation is not acceptable and supports the proposals to:
    • Make it unlawful to discriminate against a person with disabilities by not providing, a service which is provided to other members of the public, or in providing a service of lower standard or on less good terms than those available to other members of the public;
    • Require, where reasonable, changes to any practice, policy or procedure which makes it impossible or unreasonably difficult for a disabled person to make use of a service; and
    • Require, where reasonable, the provision of an auxiliary aid or service which would enable a person with a disability to make use of a service available to other members of the public.
  5. Members note that the proposed amendments have been in force in Great Britain since December 2006, and would urge the Office of the First and deputy First Minister, together with the Department for Regional Development and other relevant bodies, to implement the proposed legislative changes with all possible speed.  
  6. The Committee for Regional Development supports a duty on transport providers to ensure that disabled people are not treated less favourably than other people when using their services in relation to the provision or use of a vehicle, as set out in section 3 of the consultation document.  
  7. The Committee notes the proposals in the consultation document, at sections 3.2 and 3.3, and supports a duty on transport providers to ensure they make reasonable adjustments and that these should be anticipatory.  
  8. Members note the proposals at sections 3.4 and 3.5 of the consultation, and support a duty on transport providers, where reasonable, to provide an auxiliary aid or service which would enable a disabled person to make use of a service available to other members of the public. 
  9. In relation to the question of whether the draft regulations adequately use those powers in the DDO to cover the removal of the exemption for operators of transport services from Part III of the DDA, the Committee understands that the Inclusive Mobility and Transport Advisory Committee (IMTAC) has concerns that, from its reading of the wording of the draft regulations, the following services may not fall within the remit of the proposed changes:
    • Transport provided by the health and education sectors;
    • Courtesy transport provided by a hotel or nursery; and
    • Any transport provided by any community or voluntary transport organisation operated under the 10b licence. 
  10. Of particular concern to IMTAC is that the operators of the 18 Rural Community Transport Partnerships would fall outside the current proposals, and it recommends that this is addressed, either through changes to the wording of the legislation or by changing the way these services are licenced.  
  11. Although IMTAC does recognise that changing the licence arrangements for some of these services will take time, it is of the view that the legislation should be revised to encompass these types of services. IMTAC is seeking formal confirmation from OFMdFM, DRD and DoE that action will be taken to ensure that the Rural Community Transport Partnerships will be brought within the scope of the current proposals. It is also seeking clarification that all door2door branded services will be subject to the current proposals.  
  12. Members are aware that, at present, all the Rural Community Transport Partnership’s vehicles are fully accessible, and all drivers are trained. The Committee would urge the speedy resolution of this matter.  
  13. Members note and support the planned development of guidance for the industry, including the role of the Equality Commission for Northern Ireland, and future public consultation on any draft Code of Practice for Transport.  
  14. Thank you for the opportunity to respond to this important consultation, and the Committee looks forward to the resolution of the issues raised by IMTAC, and to the speedy implementation of the proposals in the consultation.  
  15. A copy of this response is being provided to the Minister for Regional Development, and to the Chairperson of the Committee for the Office of the First Minister and Deputy First Minister for their information.
Yours sincerely,

Fred Cobain, MLA
Chairperson of the Committee for Regional Development