INTEGRATING DISABILITY INTO TRANSPORT POLICY: ESTABLISHMENT OF A MOBILITY AND ACCESS COMMITTEE FOR SCOTLAND: contents page

Scottish Ministers are committed to making sure that disability issues are considered in all Scottish Executive policies. It is clear that transport is one of the most important issues for disabled people and, although access to railway stations is improving and there are more low floor buses on our roads, we recognise that there is still a long way to go.

To help to bring disability issues into the mainstream of transport policy-making Scottish Ministers have decided to establish an advisory committee. The committee has a "working title" of the Mobility and Access Committee for Scotland and will advise Scottish Ministers on how to achieve practical improvements to transport services in Scotland that will benefit people with disabilities.

I am therefore writing on behalf of Ms Sarah Boyack, Minister for Transport and Planning at the Scottish Executive, to seek your views on the enclosed draft Regulations to establish the committee under Section 72 of the Transport (Scotland) Act 2001.

As you may know, the Scottish Executive commissioned research to obtain information on the extent and type of transport provision available in Scotland which meets the needs of disabled users and gaps in provision. One of the main recommendations of the research carried out for the Executive by Reid Howie Associates was that a national group should be established, consisting of people with disabilities, transport providers and policy makers to develop a strategy for accessible transport across Scotland.

On publishing the research report "Transport Provision for Disabled People in Scotland" last year the Minister announced that a transport advisory group would be formed to advise the Executive on the transport needs of disabled people. Various groups and organisations including disability groups, transport operators and enforcement agencies were consulted on the establishment, on a voluntary basis, of a Scottish disabled persons transport advisory group. Subsequently, the Minister agreed to place such a body on a statutory basis. Consequently, Section 72 of the Transport (Scotland) Act 2001 states that Scottish Ministers may by regulations establish a committee for the purposes of:

(a) considering such matters relating to the needs of disabled persons in connection with transport as the committee think appropriate; and
(b) giving such advice to Scottish Ministers in relation to such matters as the committee think appropriate.

The devolution settlement reserved responsibility for technical specifications for public passenger transport for disabled persons to the United Kingdom Parliament and these are the responsibility of the Disabled Persons Transport Advisory Committee (DPTAC), which was established under the Transport Act 1985 under the auspices of the Secretary of State for Transport. Whilst it will be for the Scottish committee to determine its own work programme within its statutory remit, the Executive consider it will be most effective if it augments rather than replicates DTPAC’s work.

In summary, the draft Regulations provide that:

at least 50% of the Committee be made up of disabled persons;
its size be 10-15 members, including the Convener, with the possibility of co-option on a temporary basis of non- members to sub-groups to look at specific issues;
the Convener shall be a disabled person;
appointment of members of the Committee and the Convener be made by Scottish Ministers;
appointments to be made on an individual basis on the grounds of personal expertise;
the tenure of appointments to be for a period specified by Ministers;
the members including the Convener of the Committee to receive no payment but to receive allowances for travel and subsistence;
Scottish Ministers shall provide the Committee with the resources to set up a dedicated secretariat for the Committee;
Scottish Ministers shall provide the Committee with funds with which to pay their members such travel and other allowances and to defray such other expenses in connection with their functions as Ministers may determine.

The draft Regulations allow for a Committee of not less than 10 and no more than 15 members which includes the Convener. This will allow a certain degree of flexibility, as the minimum number of members could be added to, if and when required, to reflect any needs of the committee, in terms of expertise and to meet any geographical, gender or disability requirements. The statutory obligation that at least 50% of the Committee be disabled persons also allows flexibility for the number of disabled members to grow larger, if required, within the total membership limit. It is proposed that the Convener and members of the Committee shall be appointed by Scottish Ministers on an individual basis on the grounds of personal expertise.

The tenure of appointment shall be for a period specified by Scottish Ministers and the Convener and members of the Committee shall receive no payment but shall be eligible to receive allowances for travel and subsistence. This is in line with the arrangements for DPTAC.

Applications will be sought through advertising in national and specialist press and the distribution of application packs to disability groups, local authorities and the transport sector.

To address any shortage of skills which may arise from time to time it is proposed that the committee should have power to co-opt non-members on a temporary basis to sub-groups to look at specific issues. This would mean that organisations or individuals from outwith the core membership could become involved but would not be part of the main Committee. Such co-option would only take place with the consent of Scottish Ministers in order to prevent unregulated growth of sub-groups.

The draft Regulations require the Committee to prepare an annual work programme and consult such bodies as it deems appropriate on that programme. Although not specifically mentioned in the Regulations it is expected that the Committee will establish links with DPTAC and the Scottish

office of the Disability Rights Commission to ensure that its work programme complements the work already undertaken by these bodies.

The Committee’s remit is to advise Scottish Ministers on aspects of policy affecting the transport needs of people with disabilities in Scotland. The Committee’s work will come from 2 main sources:

(a) it will consider any such transport matter referred to them by Scottish Ministers; and
(b) it can consider any other relevant transport matters it wishes. It will then give advice to Scottish Ministers.

The Scottish Executive suggests that the initial work programme might include advice/comment on:

We should welcome your views on the other bodies which the Committee should consult about its work programme and any ideas for consideration in the initial one.

Several suggestions have been received on the name of the committee including: Scottish Disabled Persons Transport Advisory Group (SDPTAG); DPTAG Scotland; Scottish Advisory Group to Promote Accessible Transport (SAGPAT); Mobility and Access Partnership for Scotland (MAPS); Mobility and Access Committee for Scotland (MACS); and Disabled Advisory Committee for Transport (DACT).

The Scottish Executive suggests that the Committee should be known as the Mobility and Access Committee for Scotland. Your views are sought on this.

The Scottish Ministers shall provide resources so that the Committee may appoint its own dedicated secretariat. Views are sought on whether there would be merit in appointing Scottish Executive staff on secondment and seeking co-location with the Executive but it will be for the Committee, once established, to take final decisions on these matters.

Other matters included in the Regulations deal with the administration, constitution, procedure and terms of appointment of the Committee. Scottish Ministers shall provide the Committee with funds with which to pay their members such travel and other allowances and to defray such other expenses in connection with their functions as Scottish Ministers may determine. These are all based on standard provisions for advisory bodies such as this.

There are a number of other considerations for the establishment of the Committee which do not need to be set out in Regulations. These include:

Whilst a Deputy Convener would have the advantage of helping to manage the workload of the Committee by standing in for the Convener we suggest that it should be for the Committee to decide on whether to make such an appointment as part of its procedures.

Turning to the Executive’s working relationship with the Committee we consider that there should be close links to exchange information. The relevant Head of Branch in Transport Division 2 (currently Damian Sharp) would be the main day-to-day contact and undoubtedly there would be occasions when it would be appropriate for other colleagues to have direct discussions with the Committee. It is also suggested that to foster an effective working relationship Executive officials should attend Committee meetings as observers.

We should welcome your views on these issues and to know of any others which need to be addressed.

I should be most grateful if you would send any response to me by 5 October 2001. Responses will be treated as being in the public domain unless you specify otherwise.

Audio, Braille, large print and electronic-text versions of this document and the draft regulations are also available from Richard Lyall at Area 2F, Victoria Quay, Edinburgh, EH6 6QQ and by email richard.lyall@scotland.gsi.gov.uk, phone 0131 244 0571, or fax 0131 244 0871.

The Scottish Executive homepage can also be found at the following address: www.scotland.gov.uk

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INTEGRATING DISABILITY INTO TRANSPORT POLICY ESTABLISHMENT OF A MOBILITY AND ACCESS COMMITTEE FOR SCOTLAND

INTEGRATING DISABILITY INTO TRANSPORT POLICY: ESTABLISHMENT OF A MOBILITY AND ACCESS COMMITTEE FOR SCOTLAND

INTEGRATING DISABILITY INTO TRANSPORT POLICY
ESTABLISHMENT OF A MOBILITY AND ACCESS COMMITTEE FOR SCOTLAND