Impact of disability discrimination legislation on public transport

Speech by former transport minister Charlotte Atkins to a one-day conference where the transport industry and disabled people discussed new legislation.

At long last and in many different ways, Britain is evolving into a more equal society. It is no accident that the UK now has the most comprehensive anti-discrimination legislation in Europe.

The aim of this legislation is simple. It has been designed to deliver measurable improvements for those who have traditionally been discriminated against in our society.

And as a part of our commitment to end discrimination, this Government made a very clear Manifesto pledge - and that was to deliver 'comprehensive civil rights' to disabled people.

Very simply, we believe disabled citizens have an unquestionable right to enjoy and benefit from equal access to services and opportunities - and in every aspect of their lives.

With the implementation of the provisions of the Disability Discrimination Act, we've come a very long way in achieving that goal. And the recent publication of the Disability Discrimination Bill is the last major step towards fulfilling our commitment.

As you will know, bus and railway stations and other public transport infrastructure are already covered by the provision of Part 3 of the Disability Discrimination Act. Technical standards for vehicle accessibility are covered by Part 5. The new Bill will bring vehicles within the civil rights framework of the Act and will extend the scope of the DDA in a number of other areas.

Transport is absolutely fundamental to delivering a person's civil rights. Without that access, the opportunities open to disabled people to get employment - to get access education or health care - or simply to do all the things that everyone else does - are very limited indeed.

This said, I am the first to appreciate that the way in which public transport is dealt with under the Disability Discrimination Act has not been without criticism.

Understandably, there was some initial concern because trains, buses, coaches and taxis, were not covered by the civil rights part of the Act. But it was felt that by simply giving someone a civil right to get on a bus for example, wouldn't necessarily provide practical and consistent access to the bus.

So to ensure this is the case, the Act created a framework for very specific technical regulations.

These specifications were made for the benefit of the transport industries as well as for disabled people - and clearly laid down the dimensions and other requirements for different vehicles. These were developed on the basis of very thorough and systematic research to ensure they would actually deliver accessibility to the vast majority of disabled people.

The other reason for having regulations was of course, to achieve consistency of access. In other words, we wanted users to be confident about getting a bus to the station - then getting on a train - and then taking a taxi at the far end - because all have been designed to the same access standards.

And to ensure compliance, the Act demands that these technical requirements are subject to a regime of inspection before vehicles come into service. We didn't want users to have to be vigilant for vehicles that fail to comply. So in the case of buses for example, a vehicle covered by the regulations must be given an accessibility certificate before it can go into service.

Obviously, as part of this process, we've given the manufacturing and operating industries very clear guidance. But this guidance isn't simply confined to what needs to be done to comply with the law. We've also explained why the law is important.

Whether it's colour contrast to help people with low vision - or providing hand holds to help those who have difficulty keeping their balance - it is important the industry appreciates and understands why these requirements are needed.

Obviously, these changes to buses and trains can't happen overnight - as much as we'd all like them to. Vehicle fleets can only be replaced or refurbished over time.

Nevertheless, considerable progress has been made. For example, nearly 40% of buses nationwide are now accessible. And levels of accessibility in London and other major cities are reaching as high as 90%.

In turn, over 3,800 new fully accessible rail vehicles are now in service and a further 700 will be introduced over the next 12 months.

And although we have yet to introduce regulations for taxis because of the technical and economic challenges this presents - we will be putting forward proposals next year as they form a key part of the accessibility package.

The new Bill has given us the opportunity to put in place another key link in the chain: and that is to ensure that the staff who run the vehicles are responsive to the needs of disabled people as well. This is very important because one of the most frequent complaints is that bus or taxi drivers won't operate ramps

Now in some instances there have been technical problems - perhaps due to lack of maintenance. But in the majority of cases I believe that refusal was down to a lack of training and a lack of understanding.

Of course you can't hope to change staff attitudes by legislation alone, but it does provide a solid framework and impetus for delivering the necessary training and support.

It is equally important that information about these services should be made available to disabled people in forms that they can access

The Bill also gives us the opportunity to make some changes to the earlier legislation on the basis of experience. And it allows us to extend the powers that we already have.

So for example, we will now set an end date of 2020 by which all trains in service must be accessible - this will mirror the requirements already in place for buses and coaches.

The new powers in the Bill will also allow for the rail accessibility regulations to be applied to vehicles when they are refurbished.

And the current exemption of transport vehicles in Part 3 of the Disability Discrimination Act will be lifted. Gratuitous discrimination will be outlawed, along with policies or practices that discriminate against disabled people.

Importantly, this provision is not only for public transport vehicles, but for car hire and breakdown services as well. And it also encompasses vehicles used on leisure and tourism services.

In addition the Bill will apply Part 3 to aviation and shipping if their voluntary agreement doesn't prove effective.

In short, the Bill puts the final legislative building blocks in place.

Could we have achieved so much without the benefit of legislation? I believe that the answer is no. And that is not to denigrate the transport industries - far from it.

They had already achieved a great deal before the Disability Discrimination Act was put in place. Many buses were low floor - many trains were equipped with ramps and wheelchair spaces - and most taxis in the major cities were offering a good level of accessibility.

The difference legislation brings is that it focuses the minds of the transport industries on access issues - so that they deliver in a clear, consistent and comprehensive way. This has makes life much easier for the industry - because now it knows exactly what is required of it.

But all of this said, it's pretty pointless having access to buses for example, if those buses don't actually run to where people need them to go.

Lack of a bus service to a business park on the edge of town for example, can prevent disabled people and others from attending job interviews or can mean them having to turn down jobs.

And hospital facilities that have been relocated to out of town areas make it harder for people reliant on public transport to access them.

The Social Exclusion Unit worked closely with a number of key government departments to produce its report on transport and social exclusion.

Their report contained 37 policies - the majority of which have now been implemented. Importantly, they don't just involve improving transport, but also demand we think more about where and how services are delivered.

But while guidelines on how to resolve accessibility problems can come from central government - it is Local Transport Plans that are the means to prioritise and improve accessibility for socially excluded groups and individuals on the ground.

And this is why accessibility planning is to be incorporated into the second round of Local Transport Plans, which will take effect from 2006.

To sum up, without question, we are leading Europe in the field of accessibility. And the additional steps we're now taking with the new Bill will further strengthen that position.

And our concern hasn't stopped with the physical accessibility of the vehicles themselves - it also encompasses the services delivered as well.

Our goal has been the creation of a fully accessible public transport system. And I'm pleased to say that we are well on the way to achieving that goal although it will take time.

Be assured we will continue to work with the transport industries and with disabled people until we have reached it fully.

Because without excuse, argument or apology - disabled citizens have the right to enjoy equal access to the services and opportunities the rest of us take for granted.

Thank you.

(This speech represented existing departmental policy but the words may not have been the same as those used by the Minister.)