Minutes of the DPTAC Main Committee Meeting:
09 March 2005 (Great Minster House, 76 Marsham Street, London)
Chair:
Neil Betteridge
DPTAC Members:
Pravin Amin
Ann Bates
Sean Bolton
Vidur Dindayal
Jean Dunlop
David Finnegan
Roger Hewitt
Alan Norton
Kate Smyth
Jenny Meadows
Tom Pey
Katherine Phipps
Keith Richards
Carol Thomas
Richard West
Observers:
Will Bee - Disability Rights Commission
Ann Frye - Department for Transport Mobility Inclusion Unit
Julie Guilar - Northern Ireland Department for Regional Development
Ann Lyon - Scottish Executive
David Petherick - Office Deputy Prime Minister Building Regulations
Jean Wilson - Mobility Access Committee Scotland
Barbara Vincent - Department for Work and Pensions
In Attendance:
Andy Kirby - Secretary
Gary Kemp - Secretariat
Verona Wiltshire - Secretariat
David Hayward - British Sign Language Interpreter
Corrine Stewart - British Sign Language Interpreter
Agenda item 1: Welcome, introductions and apologies
1. The Chair welcomed everyone to the first meeting of the year, particularly new DPTAC Members Sean Bolton, Alan Norton and Katherine Phipps, and the new Secretary to the Mobility and Access Committee for Scotland, Jean Wilson, who was attending for the first time.
2. Apologies were received from Members Josephine Clairmont, Grahame Lawson and David Pugh, from Ann Hemming, the new Head of Planning at the Office of the Deputy Prime Minister, and from Sandra Duncan and Ffion Grant of the Secretariat.
Agenda item 2: Minutes of the last meeting (1 December 2004)
3. No amendments were received and the minutes were approved without change.
Action point 1: Secretariat to arrange for the Minutes of 1 December 2004 Main Committee meeting to be placed on the DPTAC website.
Agenda item 3: Matters arising
4. Neil advised Members that most action arising on matters discussed at the previous meeting would be dealt with as substantive agenda items.
5. From now on eDPTAC training would take place on a one-to-one basis at the convenience of Members when they were in London on DPTAC business. Neil asked the four Members who had not yet received eDPTAC training to make arrangements for this with the Secretariat.
Action point 2: Members who have not received eDPTAC training to arrange dates with the Secretariat.
6. Neil noted that at Item 5 the meeting had agreed that he and Ann Bates would agree a letter to the Secretary of State on where responsibility for disability issues within the rail industry should be located. The Mobility and Inclusion Unit had since suggested that this was not necessary. The Mobility and Inclusion Unit appeared likely to gain the responsibilities that DPTAC envisaged for it. However the MIU might not receive all the resources that DPTAC would have liked in order to carry this work out.
Agenda item 4: DPTAC Membership
7. Neil noted that, as well as the arrival of the three new members he had welcomed to the meeting, DPTAC had received two resignations. These were from Julie Giles and Laura Smales, neither of whom had felt able to continue the commitment necessary to be a fully effective Member of DPTAC. He had written to them both on Members' behalf, thanking them for their work and wishing them the best for the future. Laura had been keen to take part as a Working Group Member in any future DPTAC youth work and this was a most welcome offer. Neil thanked Jenny Meadows for agreeing to replace Julie Giles as Chair of the Bus, Coach and Community Transport Working Group.
8. Ann Frye explained that the Mobility and Inclusion Unit hoped to seek ministerial agreement on two new DPTAC Members. It would be fair and proper to do so from the shortlist developed for the recent previous round of DPTAC appointments. She hoped for a decision soon.
9. Neil noted that these changes in membership and Working Group membership would be made to a new DPTAC Members' Handbook, along with changes to the Three Year Strategy and the Work Programme agreed that day.
Action point 3: Secretariat to make changes to the Members' Handbook reflecting the new Membership, Strategy and Work Plan, circulate it, and publish it on the website.
Agenda item 5: Report on 19 January Member training
10. Members considered a report of an evaluation carried out by the Secretariat, with Member involvement, of the success of the 19 January training day. Both new and existing members felt that the training had been useful. However some elements were more relevant to new Members and, for future events, might not need to be repeated for all existing Members. They also felt that people invited to make presentations needed to be carefully briefed, and should show self-discipline, so that they covered the needs of Members effectively and efficiently.
Action point 4: Secretariat to place on eDPTAC the presentations used on the 19 January training day, and send them to Members on request.
Action point 5: Future induction to be targeted at new Members, with presenters carefully briefed on what is needed from them.
Agenda item 6: Disability Discrimination Bill and related matters
11. Ann Frye of the Mobility and Inclusion Unit updated members on the stage that the Disability Discrimination Bill had reached. The Bill had completed its House of Lords stages with few changes. Those made included:
- putting 2020 on the face of the Bill as the final date for rail vehicles to comply with the Rail Vehicle Accessibility Regulations (RVAR);
- requiring the Government to report to Parliament annually on its use of the power to grant exemptions from RVAR; and
- the option of exemptions being granted by a negative or an affirmative procedure. [Secretariat note - the difference and its implications are explained in detail in briefing sent to DPTAC Members on the Bill earlier in March.]
12. Another welcome change had been that the Bill now extended to private sector tenants (including those with assured shorthold tenancies) the provision that landlords could not unreasonably withhold permission for disabled tenants to make adaptations to their homes.
13. Will Bee of the Disability Rights Commission (DRC) commented on a failed amendment that would have given the DRC the same consultation responsibilities as DPTAC on rail exemptions. He stated that this had not originated from or been supported by the DRC. He reported progress on the new Code on Transport. This had included meetings with DPTAC and other stakeholders. The reference group was due to meet shortly and DRC hoped to sign off the Code for consultation in April. The Code would be published two months later in all formats at the same time, and three months of consultation would follow, with consultation events.
14. There would be a campaign to promote awareness of the new Code in 2006-07, and DRC hoped to also produce informal guidance, in partnership with DPTAC. This would help identify and promote good practice. Will also briefly referred to progress on the Code on the Disability Equality Duty. This was the new name being given to the Public Sector Duty, to avoid confusion with the many other duties that public sector bodies already possessed.
15. Members noted the continuing discrimination that disabled people faced in assessing transport services, sometimes compounded by race issues. They looked forward to the lifting of the Part III exemption and the introduction of the Disability Equality Duty as important steps in stopping this from continuing. They considered awareness raising in connection with new duties of paramount importance.
Agenda item 7: Adoption of the DPTAC Strategy 2005-07
16. Members received a report on the 2005-07 Draft Strategy, which recommended changes in the light of the consultation that had taken place. Members agreed to the Strategy being published with these changes. Members were keen to ensure that the strategy was properly monitored, and that those who took part in the consultation process were advised of the changes that had been made.
Action point 6: Secretariat to place the 2005-07 strategy on the website. (See also Action point 3).
Action point 7: Secretariat to write to all of those who had responded explaining how DPTAC changed the strategy as a result of the consultation process.
Agenda item 8: Progress report on 2004-05 Work Programme
17. Members received the final report on the 2004-05 Work Programme. They noted that it had sometimes been frustrating to put so much emphasis on reactive work, especially in relation to rail. Neil noted that the most important priorities, in this case the reactive ones, had been achieved.
Agenda item 9. Report from Working Group Chairs
18. Members received reports from Working Group Chairs, which they said continued to be useful. Some Working Group meetings had been postponed because of delays of important work which required a response from the Group. This had included an EU Directive for Aviation, a research report from maritime transport and the Strategic Rail Authority draft Strategy for Rail. This had meant that some of the Working Group Chairs' reports had been sent out as late papers.
Agenda item 10. Adoption of DPTAC 2005-06 Work Programme
19. Neil noted that DPTAC now had a more manageable set of 28 tasks compared with the previous year's 33, and these were more evenly distributed across our Working Groups. This was important for DPTAC's limited resources and hard-working Secretariat. He thanked members for all their work in arriving at this programme. In discussion Neil said that the Work Programme was flexible and could be changed if circumstances demanded new priorities, He also noted that DPTAC does much work that cannot feature explicitly in the Work Programme, which was why the Working Group Chairs' reports were so useful. Members discussed and agreed the Work Programme.
Action point 8: Secretariat to place the 2005-06 Work Programme on the website. (See also Action point 3).
Agenda item 11: Presentation by the Commission for Integrated Transport
20. Neil noted that, when he was appointed Chair of DPTAC, he also became a member of the Commission for Integrated Transport. Now that he had a better feel for the work of the Commission, he believed that there was more potential for it and DPTAC to work together and learn from each other. As part of this process he was pleased to invite Richard Mace, Kathleen de Marco and David Prescott to talk about the work of the Commission, and of the Motorists' Forum, and take questions. Copies of the presentation were available on request from the Secretariat.
21. Members felt that there was and should continue to be a dimension of all of the Commission's work relating to disability and access. The Commission needed to ensure that it was fully explored. The Commission was encouraged to ensure that seamless travel was a theme in its work as a failing anywhere in the door to door journey of a disabled person discouraged them from future travel. This included the provision of travel information, including information for drivers.
Agenda item 12: DPTAC response to the Prime Minister's Strategy Unit's consultation on its report "Improving the Life Chances of Disabled People"
22. Neil noted that this was an important consultation document. Minister for Disabled People Maria Eagle has asked to speak to him and others about their thoughts on it. The report covered DPTAC's remit but went far wider to cover the Government's plans to improve the life chances of disabled people over 20 years. The Secretariat had circulated the whole 200 page report, and paper containing the sections most relevant to transport and the built environment. The Built Environment Group had already contributed some proposals specific to its interests and he invited Members to comment more widely.
23. Members had some reservations as to the title of the report, and wanted to ensure that issue of disability, race and learning difficulty were taken into account. They noted that some structures noted in the report such as Rural Transport Partnerships would not exist through most of the period in question and that therefore they could not act as suggested in the report. In answer to a Member question, Ann Frye said that the Government was already setting in place systems to take the initiative forwards. She herself was on a steering group looking at implementing the report.
24. Will Bee of the Disability Rights Commission noted that the seeds had been sown for a right to independent living. Neil asked Members for any further or detailed drafting suggestions to be made soon to the Secretariat.
Action point 9: Members to make any further comments on the draft response to the Secretariat.
Agenda item 13: Mobility and Inclusion Unit (MIU) Report
25. Ann Frye presented this report from the MIU.
26. Members raised the issue of scooters on trains. Ann said the MIU was keen to look at the issue of kitemarking scooters to show how they could be used on public transport. However it was important to take the manufacturers along side. Ann Bates noted the interest of the Association of Train Operating Companies in this issue, and the pilot work that South West Trains was undertaking. Will Bee said that the Disability Rights Commission was minded to rule out a blanket ban as unreasonable in its advice, given the manoeuvrability and size of some scooters.
27. Ann also drew Members' attention to the change in policy of Brittany Ferries with respect to disabled people being accompanied by their assistance dogs on deck. While the MIU and DPTAC had concerns about the requirement for the person to be accompanied by a sighted person, all present welcomed the change.
28. Ann also drew Members' attention to the EC proposal on ground handling that had just been published. This made airports primarily responsible for the handling of disabled passengers on their grounds, and would be seen through during the UK Presidency. Most airports and airlines had welcomed it. DPTAC's Aviation Working Group would be leading on the response to it.
29. She also noted the UK Government was responding to the United States Government's proposal to extend the Air Carrier Access Act to all co-sharing airlines. The UK Government considered this unnecessary, inequitable and inappropriate as it failed to acknowledge the progress that mad been made and the different solutions identified in Europe.
30. Ann warmly invited Members to a conference the following week on personal security, which two Members planned to attend.
31. Members asked what progress was being made on Blue Badge Parking Scheme enforcement. Ann reported that work was taking place on the regulations to bring in the new enforcement power. Officials were discussing fines and penalties with other departments.
32. Neil raised the issue of payment of Members. Ann explained that this would require primary legislation. She was currently seeking ministerial approval to identify a suitable legislative opportunity.
Action point 10: Mobility and Inclusion Unit to seek Ministerial approval for a suitable legislative opportunity to make provision for the payment of DPTAC Members.
Agenda item 14: DPTAC Annual Report Outline 2004-05
33. Members considered a paper outlining how to take forward the next report. Drafting would start now, so that the Secretary of State of the day could provide a foreword to it after the expected General Election. Last year's structure had appeared to work well and this was suggested as the basis of the 2004-05 report with the following changes:
- Greater use of simple and straightforward language as recommended in the consultation on our Strategy.
- Greater use of illustrations such as photographs of DPTAC activity taken through the year.
- An easy-read version of the Chair's introduction.
- A feedback questionnaire which did not form part of the fabric of the document.
34. Members agreed that this was an appropriate way to proceed.
Action point 11: Secretariat and Working Group Chairs to commence drafting the 2004-05 Annual Report.
Agenda item 15: Any other Business
35. Neil reminded members to submit any outstanding travel and subsistence claims as soon as possible, and to ensure they make claims monthly in future.
Action point 12: Members to make any travel or subsistence claims on a monthly basis.
36. David Finnegan offered to circulate information to Members on puffin crossings. It had been reported that some local authorities were concerned about their safety and had started to remove them.
Action point 13: Secretariat to circulate article on puffin crossing to DPTAC Members. Members to comment to the secretariat.
37. There being no further business, Neil thanked Members and Observers for their time, and reminded them that the next meeting would be held in London on the afternoon of 15 June 2005.
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