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TX: 26.07.07 – Accessible Aviation

PRESENTER: WINIFRED ROBINSON
THE ATTACHED TRANSCRIPT WAS TYPED FROM A RECORDING AND NOT COPIED FROM AN ORIGINAL SCRIPT. BECAUSE OF THE RISK OF MISHEARING AND THE DIFFICULTY IN SOME CASES OF IDENTIFYING INDIVIDUAL SPEAKERS, THE Βι¶ΉΤΌΕΔ CANNOT VOUCH FOR ITS COMPLETE ACCURACY.


ROBINSON
From today it's illegal for an airline, travel agent or tour operator to refuse to take a booking from someone because they're disabled. From next year airlines will have to have arrangements in place to get disabled people who need help through airports and on to planes. The regulations have come from the European Commission in response to claims of discrimination. Beryl Barton was among the people who lobbied for a change. In 2005 she was with a group of eight blind and partially sighted people and their three sighted tour guides heading out for Italy. They were booked on to a Ryan Air Flight.

BARTON
We all turned up at Stansted and we all got through, we all got passes - boarding passes - and we all sat on the plane together. Five minutes before it was due to take off the captain came through and said: Are you blind and partially sighted? We said: Yes. He said: I'm afraid you'll have to get off. We said: Why? So he said: There's too many disabled on the plane now so I want you to all get off. We all got off and saw a very unpleasant lady, she said: You all got off on your own accord. And of course we shouted her down and she said: If you continue shouting, she said, I shall get the police. At the end half of us had to go in the evening and the other half had to go the next morning.

ROBINSON
Now as there any question of your party not having made clear the fact that some of you were partially sighted and blind?

BARTON
No it was all made clear the December before we went in the June that there were partially sighted and blind people and they said that was okay, as long as we had someone who could see with a totally blind person we'd be fine and we all did.

ROBINSON
The story of Beryl Barton. The transport minister Rosie Winterton's here to tell us how this new legislation should work. Beryl Barton's group then what differences would these new laws have made to them?

WINTERTON
Well blind and partially sighted people under the new regulations would be covered by the general right not to be refused booking or boarding on grounds of disability. So Beryl would not go through the rather traumatic experience that she set out there.

ROBINSON
Well the Disability Rights Commission is concerned about the definition of disability that's been used. Let's here from them, this is Catherine Casserley, she speaks for them.

CASSERLEY
We do welcome, obviously welcome the new rules but we do have some concerns about the gaps that they leave. For example, if a disabled person is discriminated against and they themselves want to bring a claim there's no organisation that can support them with that. The Disability Rights Commission hasn't been given the power to provide them with funding and to help them to take their case on. Nor indeed at the moment is the new Commission for Equality and Human Rights, which takes over in October. So that's our first concern. The second concern really is the coverage of the regulation. At the moment it doesn't cover - it only covers you if you have reduced mobility and essentially that you need assistance when you're travelling. And so, for example, if you have Tourette's and you're refused boarding of an aircraft - and we have a case where that did happen - you wouldn't be covered by the regulation.

ROBINSON
Catherine Casserley from the Disability Rights Commission.

Rosie Winterton two points there. Let's deal with the last point first. They are worried that not enough people are included in the definitions in these new rules.

WINTERTON
Well under the EU rules this covers mobility issues, so it is specifically about people who have a problem with mobility, that's the extent of the regulations. For the obvious reasons that those tend to have been the people who when they turn up at the airport if they're in a wheelchair have been turned away, so it is true to say that it is specifically covering issues of mobility. But that does as well mean that it covers elderly people as well.

ROBINSON
But you're not worried about that as they are - you're not worried about that as they are?

WINTERTON
Well what we have been particularly concerned about in this is the issue of people who have problems with their mobility and it does enable us, because it is framed around the issue of mobility, of covering perhaps elderly people who might be having mobility problems as well.

ROBINSON
Now what about the other point that there is no allowance in the law for the Disability Rights Commission to bring a case on behalf of anybody?

WINTERTON
Well the Disability Rights Commission has the power under these regulations to refer people through the Civil Aviation Authority who can then prosecute the airlines if necessary, they can take them to court. And the reason why we think that this is a very effective way of doing it is it does put it into the criminal court procedure, it means that if found guilty there can be unlimited fines. So we think it's actually a very powerful way of ensuring that the regulations are properly enforced, rather than perhaps taking a civil route. So we think that this is a much more powerful way of making sure that disabled people and people who have problems with their mobility are going to be treated more fairly in the future.

ROBINSON
We must leave it there. Rosie Winterton thank you.

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