|
�
Policy Papers
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.
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.
�
| 