The year 2020 marks 25 years since the passing of the first Disability Discrimination Act (DDA). Shamefully, transport was entirely exempted from Part III of the Act, which outlawed discrimination against disabled people in accessing goods, facilities and services. The Department of Transport fought tooth and nail against including a general right of access to transport in the 1995 Bill (education was also initially excluded). The government saw the proposed DDA as a more business-friendly alternative to a rights-based approach to tackling disability discrimination through a Civil Rights (Disabled Persons) Bill, such as proposed by Harry Barnes MP - and as supported by the disability rights movement. Explaining the exclusion of transport (and education) from the Bill, Disability Minister William Hague said in March 1995 “we have had the good sense to allow that matters such as education and transport deserve to be treated in a different way.” (1)
The government maintained this stance throughout the passage of the Bill. In the House of Lords, on 22 May 1995, Lord Mackay of Ardbrecknish (Minister of State, Department of Social Security) said “We have…made it clear that we believe that progress towards accessible public transport is best achieved by targeted action rather than by any kind of blanket legislation. Different modes of transport inevitably require different access solutions. A simple application of Part III to transport vehicles is not therefore appropriate." (2)
The government maintained this stance throughout the passage of the Bill. In the House of Lords, on 22 May 1995, Lord Mackay of Ardbrecknish (Minister of State, Department of Social Security) said “We have…made it clear that we believe that progress towards accessible public transport is best achieved by targeted action rather than by any kind of blanket legislation. Different modes of transport inevitably require different access solutions. A simple application of Part III to transport vehicles is not therefore appropriate." (2)
The government also initially rejected the more specific case for requiring minimum access standards for public transport vehicles. Defending this, William Hague had said in January 1995 “It is obvious nonsense to suggest that excluding transport vehicles from the Bill denies disabled people access to transport. The Government's record on initiatives in that area is second to none.” (3)
However, during the passage of the Bill, the Government was forced to accept what became Part V of the 1995 Act covering public transport, including powers to make access regulations about vehicles, carriage of passengers in taxis, etc. This resulted, among other things, in the Passenger Service Vehicle Accessibility Regulations (PSVAR) being introduced in the year 2000.
There have undoubtedly been significant improvements in public transport access in the past 25 years (look at how low floor buses have transformed much local travel) but many problems remain. Although the second (2005) DDA put right the exemption of transport services generally from the ‘Part III provisions', the exclusion of transport in the 1995 Act cost disabled people a decade of improvements in access to transport; the consequences of which we still live with today.
However, during the passage of the Bill, the Government was forced to accept what became Part V of the 1995 Act covering public transport, including powers to make access regulations about vehicles, carriage of passengers in taxis, etc. This resulted, among other things, in the Passenger Service Vehicle Accessibility Regulations (PSVAR) being introduced in the year 2000.
There have undoubtedly been significant improvements in public transport access in the past 25 years (look at how low floor buses have transformed much local travel) but many problems remain. Although the second (2005) DDA put right the exemption of transport services generally from the ‘Part III provisions', the exclusion of transport in the 1995 Act cost disabled people a decade of improvements in access to transport; the consequences of which we still live with today.
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