Source · Select Committees · Transport Committee
Recommendation 29
29
Not Addressed
Review roles of transport accessibility enforcement bodies and legislate for consistent, sufficient powers.
Recommendation
The Department should within 12 months review the roles of enforcement bodies with responsibilities for transport accessibility and prepare to legislate where necessary: • to ensure that all have consistent and sufficient powers at their disposal, and have both the powers and resources needed to intervene formally at lower thresholds than is currently the case; • to assess whether such bodies should be given the power and resources to act on breaches of the Equality Act general duties and the Public Sector Equality Duty in matters within their remit, in order to facilitate swifter resolution of breaches and take some of the burden of legal action away from individuals; • to ensure that no transport mode, including the street environment, is left uncovered by an effective enforcement regime; and • to assess whether a single body with responsibility for enforcement across transport modes would be more effective at asserting the rights of disabled travellers and bringing about systemic change. (Conclusion, Paragraph 167) 80
Government Response Summary
The government's response focuses on reiterating accessibility duties in annual leadership letters to Arm's-length Bodies and envisaging an accessibility charter, but does not address the recommendation to review the roles and powers of enforcement bodies within 12 months or consider legislation for consistent powers and coverage.
Government Response
Not Addressed
HM Government
Not Addressed
31. The Department agrees that there should be no ambiguity about the importance of all relevant parties fulfilling their duties on accessibility. The Department sets the policy framework for transport accessibility, which regulators enforce. As the inquiry identified, the effectiveness of regulators in fulfilling their responsibilities is central to breaking down barriers and upholding disabled people’s rights. As a first step to making sure that this is the case, the Department will reiterate the importance and necessity of prioritising accessibility and equalities duties in the annual leadership directive letters issued by Ministers to the senior leadership of our departmental Arms-length Bodies (ALBs) and agencies. It is important that as regulators set forth their priorities and business plans, that accessibility is properly considered alongside their wider regulatory objectives. 32. It is right to highlight that regulators and agencies should be resourced and set-up in a manner that maximises their efficiency and effectiveness in fulfilling their remit, with clear reporting mechanisms in place on how they undertake and enforce their duties and responsibilities – and that these bodies are ultimately held accountable by Ministers for their performance. The recently announced Cabinet Office review of ALB’s commissioned by the Chancellor of the Duchy of Lancaster, to improve performance, maximise efficiency and provide clear Ministerial oversight will be an important consideration in this regard. The Department for Transport will be engaged in this review, and the performance of ALB’s with relevant accessibility related responsibilities, will be an important consideration in this process. As part of this work, the Government will consider what legislation may be required so that the review outcomes can be implemented and delivered upon. 33. As this wider review is undertaken the Department intends to work further with representative bodies of disabled people, regulators and operators by convening these stakeholders together to determine how collective action can be taken to: a. Identify and commit to practical steps to improve accountability for accessibility failures. b. Strengthen enforcement mechanisms and regulatory alignment. c. Elevate the voices of disabled people in shaping enforcement strategies. d. Showcase and scale up exemplary practices in training, monitoring, and redress. 34. The Department envisages that these outputs can be supported by the co-production of an accessibility charter that brings together in one place the guiding principles that underpin the rights and responsibilities of disabled passengers, regulators and enforcement bodies, and operators. The Department is aware that the National Centre for Accessible Transport has worked with the Accessible Transport Policy Commission to create an Accessible Transport Charter for local and regional political leaders,4 and it is the Department’s intention to work collaboratively to build upon this pioneering piece and amplify it to the national level.