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RESPONSE TO THE DRAFT SCOTTISH STATUTORY INSTRUMENT

TRANSPORT IN SCOTLAND

The Mobility and Access Committee

The Scottish Disability Equality Forum (SDEF) is an umbrella membership organisation open to all disability voluntary organisations, or any individual with any type of impairment. It is currently funded by the Scottish Executive. Set out in the attached appendix is a list of member organisations.

Every person, organisation and network has an important role to play in ensuring the voices of people who are affected by disability are heard in the new Scotland. The SDEF seeks to enable this.The Forum is presently seeking to restore a network of groups dealing with access throughout Scotland to share expertise and add value to the work of local groups.

The Scottish Disability Equality Forum therefore welcomes the opportunity to comment on the draft Regulations which seek to establish a Mobility and Access Committee for Scotland.

Where we make detailed points on the wording of the draft regulation, the official text is shown emboldened, together with the Forum�s detailed comments shown in plain text.

General Points on the establishment of the committee

The Scottish Disability Equality Forum welcomes the opportunities and benefits which may accrue from the establishment of the committee, although there is some concern at the fact that members of the committee will be appointed by Scottish Ministers.

The Forum would accept the presence of Scottish Executive officials as observers on the committee, provided the numbers are kept to a minimum.��� Concern is however expressed on the relationship with the Scottish office of the Disability Rights Commission, since there may be a conflict of interest between the role described for it in the regulations, and its day to day policing role.We also find it odd that we are urged to deal with the DRC UK office rather than the Scottish one for any information.

Establishment of sub-groups

SDEF would not like to see an unregulated growth of sub-groups, but if everything has to be done only with the consent of the Scottish Ministers, we are concerned that the Committee will not have full independence.

Consultation on work programme

It is expected hat the Committee will establish links with DPTAC and the Scottish office of the DRC to ensure its work programme complements the work already undertaken by these bodies and others.

Name of Committee

Various names are suggested and views sought � however the draft regulations proceed to use de facto MACS (Mobility and Access Committee for Scotland).�� Because this is a committee restricted to dealing with transport and access to it, includingimmediate infrastructure (and not access to the generalbuilt environment), the Forum would prefer the title SCOTTISH DISABILITY ADVISORY COMMITTEE for TRANSPORT (SDACT)to avoid any confusion with wider accessissues.

Membership

3.-(1) The Committee shall consist of-

���� (a) a convener; and

(b)�� at least 9, but not more than 14, other members

appointed by the Scottish Ministers.

(2)���� The convener of the committee shall be a disabled person and at least one-half of the total number of members of the committee (including the convener) shall be disabled persons.

(3)���� In paragraph (2) above "disabled person" has the same meaning as in the Disability Discrimination Act 1995(8).

The Forum believe that the regulation should not use the term �disabled person�. In our view this is contrary to the Scottish Executive�s own Inclusion Policy as it attaches a negative label.Indeed it is contrary to the UK Disability Rights Commission�s policy regarding the need to �see the person first�.

There is ample precedence for this in other Regulations which refer to�people with� as well as in guidance pamphlets.

The Forum accepts the reference to the Disability Discrimination Act 1995 as a source for the definition of disability.

The Forum welcomes the proposal that the Convener should be a person who is disabled, but believes that the draft regulation does not go far enough.We feel that many people who are disabled can fulfil the duties of convenership but that they may be prevented through their disability on occasions from sustaining their position.For that reason the Forum feels that serious consideration be given to the re-draft of the regulation to provide for a vice-convener who should also be a person with a disability.

SDEF Recommendation � redraft regulation in the following ways:

In 3 (1) (a) make provision for a convener and vice-convener

Consequently amend 3(1) (b) ��but not more than 15, other members.

In 3 (2) provide for vice-convener�. Amend disabled persons to persons who are disabled.

Administration etc

5. -(1) The Scottish Ministers shall provide the committee with funds with which to pay to its members such travelling and other allowances, and to defray such other expenses in connection with its functions, as the Scottish Ministers may determine.

(2)���� The Scottish Ministers shall make arrangements for the committee to be provided with such administrative support and office accommodation as they consider appropriate

The Forum is concerned that the regulation as currently drafted may not cover all out of pocket expenses e.g.a committee appointee who is disabled may require a facilitator to enable him or her to attend a meeting.The good practice of paying all necessary expenses for committee members should be clearly set out, either in the regulation or elsewhere.

The Forum feels that such office accommodation should not be in Edinburgh.In line with the First Minister�s views, areas other than Edinburgh must be considered.The draft regulation does not chime with the views expressed in the background paper under Secretariat for the Committee where it states that it will be for the Committee to decide.

SDEF Recommendation

Amend 5(2) to put it beyond doubt�� ��. as the committee consider appropriate.

Conclusion

SDEF looks forward to working closely with this committee once established, and would be happy to discuss further its views on access to transport with any interested party.


Scottish Disability Equality Forum

Working together for the disability movement

SDEF is a recognised Scottish charity no. SC031893

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