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Chamber and committees

Transport, Infrastructure and Climate Change Committee

Meeting date: Tuesday, January 11, 2011


Contents


Mobility and Access Committee for Scotland

The Convener (Patrick Harvie)

Welcome to the first meeting in 2011 of the Transport, Infrastructure and Climate Change Committee. I wish everyone a happy new year. I hope that you have had a decent break. I remind members and everybody else who is present that all mobile electronic devices should be switched off, and not simply set to silent mode.

We have received apologies from Charlie Gordon and Alison McInnes.

The first of the three items on today’s agenda is an evidence session on the Mobility and Access Committee for Scotland, for which we are joined by Anne MacLean, the convener of MACS, and by Andrew Holmes and Graham Lawson, who are members of MACS. I invite anyone who wants to do so to make some opening remarks.

Anne MacLean (Mobility and Access Committee for Scotland)

Thank you for your wishes for the new year, which I reciprocate on behalf of MACS.

MACS was resuscitated—that is the correct word, I believe—thanks to your committee in January 2009. Unfortunately, at the early stages, we had only five members plus the convener and for various reasons we soon had only three members plus the convener. The first nine months were therefore a bit difficult. However, in August and September 2009 we ran another recruitment round, and since January 2010 we have had a good working committee with a wide range of skills and experience of different types of disability.

We produced our first annual report in August 2010. On 22 September 2010, I and the MACS secretariat met Stewart Stevenson, who was the minister with responsibility for transport at the time. Unfortunately, I do not yet know what the Government’s response is to the report’s recommendations and I will therefore answer some of your questions today with that proviso.

Leaving aside your comments about decisions that have yet to be taken, can you tell us in general how the Scottish Government has acted on advice that MACS has provided during 2009-10?

Anne MacLean

Many of the recommendations in our report are not directed towards the Scottish Government. A lot of them focus on the way in which local authorities work with the Scottish Government. We made recommendations about such things as Transport Scotland’s “Disability Discrimination Act: Good Practice Guide for Roads”, which includes material on training for operators; the ferries review; and shared surfaces. Those are issues in relation to which we need the co-operation and good will of Transport Scotland—although, of course, we are part of Transport Scotland now—and local authorities as much as we need the help of the Scottish Government. However, the biggest problem that we face involves securing the co-operation of local authorities.

Would you care to speculate on the reasons for that?

Anne MacLean

I would rather explain what the problems are.

We were pleased with Transport Scotland’s “Disability Discrimination Act: Good Practice Guide for Roads”, which is being updated at the moment, and we were even more pleased when local authorities said—before we had written our annual report—that they would like to take on board the guide and use it for non-trunk roads. That caused us a great deal of pleasure. Unfortunately, only four local authorities have taken up Transport Scotland’s offer of training on the guide. From talking to people from all over Scotland, we know that local authorities do not follow good practice in relation to roads, road maintenance and road improvements. That is a considerable problem for disabled people, especially with regard to roads that run through towns.

Has MACS had discussions with the local authorities that have not taken up that offer, to explore their reasons?

Anne MacLean

No, but the staff member in Transport Scotland who deals with standards is trying to encourage them to take up the training. I hope that this committee will be able, through the Convention of Scottish Local Authorities or some other such organisation, to encourage them to do so, too. We really welcomed Transport Scotland’s guide—frankly, it is one of the best good practice guides that we have seen.

So local authorities are being actively approached, as things stand.

Anne MacLean

Yes, they are.

The other thing that has concerned us greatly is what is known as shared streets, or shared surfaces. That issue arose from “Designing Streets”, which is not a local authority issue; our recommendation is that there should be more co-ordination between planners and various groups.

Recommendations 5 and 6 in our annual report relate to shared surfaces. A number of presentations are being made to local authorities throughout Scotland on street design, but there is still no real work being done on good delineators for shared surfaces if there are no kerbs.

Some of us did not know whether to laugh or cry at the recent report last week from some transport guru at Newcastle University, who made comments to the effect that kerbs were not a good thing as drivers were bored or easily distracted, and that if there were no kerbs they would have to deal with pedestrians. I thought, “Well, that’s fine for drivers, but what about the poor pedestrians?”

We are worried about shared surfaces. The problem is still not solved, and if shared surfaces are going to spread out, local authorities—again, it is local authorities—must employ an access consultant who knows who to talk to about the problems that shared surfaces produce for disabled people.

Evidence from Holland, which is where all that started, is beginning to show that although people thought that shared surfaces were great at first, when they went back to the areas in Holland where shared surfaces had been introduced, they found that the reason that there have been no problems is that disabled people just do not go there any more.

The Convener

We will have a couple of questions later in the meeting specifically on shared surfaces, so we will explore your reasoning on that a little further.

A couple of members have indicated that they want to ask supplementaries; if those questions are on the specific issue of shared surfaces, I would rather leave them until the issue arises later.

My question is about the implementation of particular things.

We will come back to that. Marlyn Glen has a question on a separate issue.

Marlyn Glen (North East Scotland) (Lab)

It goes back to the first question. I invite Anne MacLean to name the four local authorities that have taken up the offer of training. If there is good practice, people should be named so that they can be praised and other people can see how it is done.

Anne MacLean

I completely agree, but unfortunately I do not have that information with me. I can find out tomorrow and let the committee know.

The Convener

That would be appreciated.

To return to the general state of play, perhaps you can turn from local authorities to the Scottish Government and Transport Scotland, and tell me your views on the level of consideration that is currently given to the transport needs of disabled people at national level, both in the development of policy and in specific infrastructure projects.

Anne MacLean

Transport Scotland has done a very good job in relation to MACS. Now that we are part of Transport Scotland, rather than being a non-departmental public body under the transport directorate of the Scottish Government, things are becoming even easier. We have a very good relationship with the officer concerned with standards, and we are getting involved in the roads for all forum, for example, which works very well and is a model that we would like to spread among other operators. MACS has participated in roads for all conferences and a MACS member sits on the forum.

Our view of Transport Scotland—at the moment, anyway—is that it has a lot of care for disabled people. It is running a pilot scheme on good and accessible bus stops, and I am—wearing another hat—part of the scheme, which happens to be in Highland. Transport Scotland is using Halcrow as its consultants and a very good relationship has been built up with local access panels, the local care forum and the local authority. If the pilot comes off and makes not just bus stops but routes to bus stops more accessible for disabled people, it will provide another example of good practice from Transport Scotland.

In general, has transport provision for disabled people improved during 2009-10?

Anne MacLean

There is a difference between Transport Scotland, and how it deals with roads, bus stops and so on, and transport providers.

We had a seat on the United Kingdom Disabled Persons Transport Advisory Committee, which is to be wound up as part of the Government’s abolition of quangos—I will not comment on that. DPTAC produced training guidance for operators, the research behind which we are considering because we want to adapt it for Scotland. That is still our aim. We need to find out whether research that was done in England matches experience in Scotland and whether ministers will accept the research. The MACS secretariat is looking into the matter.

When we talk to disabled travellers, whether their issues are sensory, cognitive or related to something else from the range of disability issues, we find that for many people the issue is not physical access but how they are treated by staff. That comes down to good staff training and awareness. It is not necessarily about how staff physically help someone who has a disability—sometimes it is best just to say, “How can I best help you?”; it is about attitudes. If staff do not have a good attitude to someone who is slow, who cannot hear or who does not know their way around—as I said, there is a range of disability issues—disabled travellers are really put off using public transport and the infrastructure that surrounds it.

Given the importance of staff attitudes, I am sure that you would always say that there is room for improvement. Has there been improvement during the most recent year?

Anne MacLean

That is difficult to answer. Training is given to staff, but people move on. Turnover of staff among train, bus and ferry operators is probably as good or bad as it is across the workplace as a whole. It is about keeping up the momentum. Operators must not think that because they have provided training once, that is it; there must be a continuous process of keeping staff trained in disability awareness issues. We could give you examples of excellent assistance; we could also give you examples of experiences at the other end of the scale, perhaps at the hands of the same operator.

Cathy Peattie

You talked about access to buses and the need for staff awareness and you mentioned infrastructure. There is an issue to do with buses that are not accessible. Sometimes people with disabilities have to wait for an hour rather than 15 minutes or half an hour, because they cannot get on the bus that arrives. Are you picking up on those issues? How do we change the situation?

14:15

Anne MacLean

Unfortunately, the legislation regarding accessible buses and coaches is still a good few years ahead. I mentioned the pilot scheme for accessible bus stops. They are fine, and everything can be done to make a bus stop the best that it can be, but that is no good if people cannot actually get on the bus because there are no low-level buses. There are areas with very good bus services. There are low-level buses in East Lothian, for example, whereas we would be lucky to find even one or two such buses in the Highlands. Unfortunately, that is covered by UK legislation. It would be nice if all buses were accessible, but the trouble lies with the legislation, which—I look to my colleagues to confirm this—will come in in 2018.

Cathy Peattie

The goalposts have been moved on that.

You have explored some of MACS’s concerns so you might already have answered my next question, but I am sure that you will have some further points to make. Did any particular concerns arise in 2009-10 that are still unresolved?

Anne MacLean

Elsewhere in our report we discussed community transport and demand-responsive transport, and concerns arose about studies that were done on that. Andrew Holmes is perhaps better placed to discuss our concerns over the latest study on community transport and DRT, which seems to be going nowhere.

Grahame Lawson has further concerns about the Commonwealth games.

Cathy Peattie

One of my colleagues will explore the whole issue around community transport, so I will not go down that route.

What impact might future budget constraints have on disabled people’s transport provision, and how could any negative impact be minimised?

Anne MacLean

On future budget cuts, I was the MACS representative on the national transport strategy stakeholder group, which was going to do a refresh programme. In the initial discussions on that, I was very keen to get it across that the one thing that I did not want to be attacked if transport budgets were to be cut—for ferries, trains, buses or whatever—was disabled access and disability training: in other words, everything that makes it easier for disabled people to use public transport. People might have viewed such provision as being at the bottom of the heap.

Unfortunately, the refresh programme did not go ahead and the national transport strategy stakeholder group does not seem to meet any more. That is a shame. First, that group gave MACS a chance to say our piece about disabled travellers. Secondly, I point out that the members of MACS are paid for up to one day a month, and I am paid for up to two days. Given the huge span of transport and the work that local authorities do, the stakeholder group served as a good place to get the MACS message across and to meet other stakeholders. I am sorry that the group does not seem to meet any more, because it gave us good access to providers, local authorities and the Society of Chief Officers of Transportation in Scotland.

How does MACS ensure that its work programme complements the work of related organisations? What scope is there for MACS to set its own agenda?

Anne MacLean

As you know, MACS is not a campaigning group but an advisory committee to the Minister for Transport and Infrastructure. I know that the committee wants to talk about community transport and demand-responsive transport—I spoke to the then Minister for Transport, Infrastructure and Climate Change in September, and he made a speech to the Community Transport Association, in which he recognised that DRT and community transport could provide access to transport for a range of people, not just disabled people, which could fill in gaps where bus providers have no longer been able to run a service.

One of the problems with cuts to budgets is that bus providers are not willing to run less profitable routes. That is happening already in cities and rural areas. I could give examples from the Borders, but I read today in the papers that there are problems in Glasgow, so the issue is not peculiar to rural areas—it is everywhere. If we are to encourage people, including the disabled community, to use public transport, it must be there to be used.

Is there scope for MACS to set its own agenda? You are flagging up issues, but can you set the agenda or does Transport Scotland do that?

Anne MacLean

That is why we want to concentrate on looking at good practice on community transport and DRT. You said that another member wants to ask about that, but that is where we think that MACS can be of some help.

How does MACS monitor the effectiveness of its work?

Anne MacLean

That is difficult. We can monitor the effectiveness of our work through things such as the roads for all forum and the Scottish rail accessibility forum. Unfortunately, there is no equivalent body for buses, ferries or aeroplanes. This is not in our annual report, but when we met the minister we suggested that a forum similar to the roads for all forum should be set up that covers all forms of public transport. The minister was considering that.

What were the key highlights for the work of MACS and its working committees during 2009-10?

Anne MacLean

I do not like to sound depressed, but one of our highlights was that local authorities wanted to take up the training from Transport Scotland, but that ended up not being a highlight at all, as it happens.

Some good things have happened. One is that MACS is now being seen as a body to be consulted. Given where MACS was back in 2008, the fact that organisations now see us as a body to come to is progress. I am talking about bodies such as the Equality and Human Rights Commission and Transport Scotland before we became part of it, and the ferries people. I could tell you who has not consulted us, but I will leave Grahame Lawson to talk about the Commonwealth games. In that sense, MACS is starting to be consulted again. That is a highlight, given the point from which we started.

That is positive.

The committee and the Parliament have heard a lot about the negative impact of the recent bad weather. Will you comment briefly on the impact of the bad weather on disabled travellers?

Anne MacLean

It is horrendous. For disabled people, the issue is getting to the bus stop or train station or other public transport. As Marlyn Glen knows, I come from the Highlands, where there have been problems, but I am sure that the situation has not been much better in other places. Although roads may be cleared, pavements are not. I do not blame the local authorities for all of that. If people, in clearing their paths, pile the snow on the pavement because they just want to get their car out, I am sorry, but that problem is up to individuals. The only thing that I could ask of local authorities is to please tell people not to do that. When people behave in that way in clearing their drive, even if there are vehicles that clear pavements, they cannot do so because there is a great heap of frozen snow blocking the pavement. Sorry, but I have a bee in my bonnet about that subject.

So the issue is with pavements in particular.

Anne MacLean

Yes, because disabled people who cannot drive and who want to access public transport have to reach it. I do not care whether the distance to be walked is only 5yd or 50yd; the fact is that a lot of people cannot use the pavements. You see a lot of fit pedestrians walking on the road. Many disabled people would be very reluctant to walk on the road and they would certainly not want to take a wheelchair on the road. I would not want to go on the road with a guide dog. The same is true of people who are slow. We are not talking just about people who have what one might consider to be a severe disability; even just people who are slow, because they use a stick or cannot move very quickly, are affected.

Grahame Lawson (Mobility and Access Committee for Scotland)

The other aspect is the need for good information, particularly when services are disrupted. Having good information is even more important for a disabled person.

Anne MacLean

That is true.

Thank you for that.

You mentioned the fact that the Disabled Persons Transport Advisory Committee is being wound up. I understand that you had a seat on that committee and fed into it.

Anne MacLean

Yes, we did.

How will you do that now? How will MACS have input on issues relating to the transport needs of disabled people at a UK level? Is there another way of doing that?

Anne MacLean

The UK Government says that it is consulting on DPTAC replacement. That is as much as I know. There are serious concerns because there are many issues, such as ferry design and taxi design, for which responsibility is not devolved. We had feed-in on such matters through DPTAC. At the moment, we have no idea how that will be accommodated in the future.

Okay. That is worrying.

Anne MacLean

Yes, it is—very worrying.

Finally, what is your view on the current level of funding and secretariat support for MACS? Is it adequate?

Anne MacLean

I think that I said earlier that we do not have our own budget any more, as you probably know. The other members of MACS are paid for up to a day a month and I am paid for up to two days a month. We have about a third of three people. I would like to pay tribute to the MACS secretariat because, within those constraints, I do not think that we could get a better service than the one that the three staff—Bill Brash, Jean Goldie and Linda Craik—and their predecessors have provided.

It would be silly of me to say that we would always like to have more, but because the present team, who provide a service to a convener who cannot see, are very dedicated and very good, they service us extremely well. There are a number of my committee sitting in the public gallery and I am sure that they all find that the MACS secretariat provides us with a very good service within the constraints that exist.

Thank you very much.

Rob Gibson (Highlands and Islands) (SNP)

Hello. It is nice to see you here this afternoon.

We need some further information on the contents and likely publication date of the MACS staff training guide for transport operators. In particular, we need to know a bit more about the buy-in from local authorities and regional transport partnerships, as well as the transport operators.

Anne MacLean

As I said, we did not intend to write our own guide, as DPTAC had produced a very good one. The problem is that DPTAC’s training guidance is based on research that was done in England. The secretariat is looking at that to see whether we can use it or whether we ought to be talking to other parts of the Scottish Government that have budgets and which might do some research for us so that we know what to base our good practice training guidance on.

It would not be the first time that experience from south of the border has been used for Scotland. That has happened with evidence on walking, cycling and many other issues.

Anne MacLean

That is absolutely right. We are being cautious because it is equally easy for people to say, “Oh, that’s England.”

Rob Gibson

Indeed—possibly. It is interesting that that could be a barrier to progress.

What sort of response have you had from the people you are talking to, such as the local authorities and the RTPs, given that we are looking for greater take-up from them?

14:30

Anne MacLean

We have not got that far on the training for operators. We are still at the stage of looking at the guidance that DPTAC produced. When DPTAC was still in existence and not about to be wound up, we had to get its agreement to use the guidance. That was easily forthcoming; there is no point in reinventing the wheel. Once we have looked at the guidance carefully and adapted it—there are bits that have to be changed because some things are different in Scotland—we will use whatever means we can to ensure that training is provided. We are talking about not so much local authorities, but operators. Although some local authorities operate bus services, there are a great many bus companies in Scotland, so if we want to train staff we must get to the bus operators, as well as the train and ferry operators, rather than the local authorities or RTPs, albeit that they can help.

Andrew Holmes (Mobility and Access Committee for Scotland)

The majority of public transport services of one form or another across Scotland are the subject of contracts, franchises or whatever. If we can get in place a standardised training manual, the contracting authorities can include it as part of the conditions of the contract, franchise or whatever. If authorities then take it upon themselves to monitor whether the training is taking place, we will be there.

Rob Gibson

That is valuable as work in progress. Indeed, with franchises coming up for railways and so forth, it is a live issue for this committee in terms of our input.

Should the Scottish Government intervene a bit more on community and demand-responsive transport?

Anne MacLean

Andrew chairs the working group.

Andrew Holmes

Some initial work has been done inside the Scottish Government. It is yet to appear on the Government website, but the previous Minister for Transport, Infrastructure and Climate Change endorsed it. The work stops at a particular point in terms of an assessment of the situation.

Ultimately, it is not the responsibility of the Scottish Government to provide local community transport. Many issues are involved. The Community Transport Association is trying very hard to find out what the actual geographic extent of community transport provision is. There is not only poor information out there, but it is very much a postcode lottery: some parts of the country are very well provided; others are not. There is a role for the Scottish Government, working directly through the local authorities or co-ordinating the RTPs, to do a much better assessment of what is on the ground and identify good practice. We have done some of that.

Given some of the things that have been said about the future of Strathclyde partnership for transport, I would not like to see SPT’s role in providing effective co-ordination of community transport disappear. Elsewhere across the country, there is no co-ordinated view, even within individual local authority areas. There is a split between what is provided by wholly voluntary groups and local fundraising; those within local authorities who are responsible for public transport; and others in authorities who are responsible for education or social work. There is also the separate issue of hospital transport. Audit Scotland has now picked up on that and has started to talk to us on the matter. The role in all of that for the Scottish Government is to try to bring people together and act as co-ordinator.

Anne MacLean referred earlier to one of our fears: diminishing budgets over the next two or three years. Many conventional bus services will disappear because they are expensive to subsidise. That will leave big gaps, which people will want to see filled by some sort of community transport operation. There is a very simple element in that. If a community suddenly finds that its lifeline transport has virtually disappeared, it has a strong desire to put something in its place. The question is what to do next. There is possibly a role for the Scottish Government in issuing guidance and disseminating information on good practice regarding how people can get together and get a local community transport scheme up and running and viable. Our report lists two or three examples that we have uncovered through our work.

Rob Gibson

The situation in Highland is that local government and the national health service board will take on particular responsibilities—in the case of the NHS, for adult services. That must make it important that you speak to them about the way in which they will interact with you.

Andrew Holmes

That is another example, but again it is an example of somebody doing their own thing. It is not that that is not the right way to approach it, but there are issues like that across Scotland, particularly in terms of hospital transport—patient and visitor transport—and a wider view is needed. Perhaps that will come out of the Audit Scotland work; of course, the Scottish Ambulance Service is no longer a participant in that.

Indeed. Circumstances suggest to me that a range of officers from different departments need to be involved with MACS and that that is possibly a way forward in this particular case—

Cathy Peattie has a supplementary question on community transport.

Cathy Peattie

Andrew Holmes talked about people getting together to look at good community transport. I wonder whether MACS is hearing what I hear, which is that the good community transport that is operating at the moment is facing budget cuts. I know from experience that it is not easy to set up a community transport project and to keep vehicles on the road. I know that MACS cannot change that, but what information is coming to MACS and how is that going forward to Transport Scotland and, ultimately, to the minister? I am concerned that we will lose good organisations and that no one will do anything until it is too late.

Andrew Holmes

That goes back to the dissemination of good practice. Ultimately, it is about local funding decisions. There is also an issue that it would perhaps be useful for Audit Scotland to shine its spotlight on, which is the variety of transport being used by different elements of the community within the same geographical area, but not necessarily with any co-ordination. For example, schools own transport that is used for pupils, and there are community-based schemes that, depending on the area, have historically received subsidies from the local authority. It goes back to what I said earlier about there being a postcode and resource lottery. I think that everybody we have talked to recognises that it is not satisfactory not to know the variety of resources that could be brought to bear in a single geographical area and the potential efficiencies that might come out of that. Again, that is something for central Government guidance and perhaps one or two best-practice pieces of work.

Anne MacLean

There is another aspect to this. I live in an area where a transport company has won a number of awards. I know that what it finds useful is not just how it can get more money out of the local authority from whichever budget, but where else it can go to get funds. It is about information regarding, for example, what can be got from LEADER, the Big Lottery Fund Scotland or from various charitable organisations that are interested in disability, young people, transport and so on. If you are sitting down and you have nothing, the question is: where do you start? There is a fund of information out there. It is about pulling it together and allowing people to see what best suits them.

In times of cuts, it is not about how to rob Peter to pay Paul but about how to fill the gaps. If the local authority says that instead of getting X hundred thousand pounds you are getting only Y hundred thousand, how do you fill that gap and who do you go to without spending a lot of staff time on it? A lot of staff time in the third sector is spent on looking at how to raise funds. If you can cut down that effort and therefore the staff time and staff cost because there is a child’s guide—sorry, that is an easy phrase, but you understand what I mean—an easy guide to where you might go, that means that the money is being put into the right thing. It is being put into community transport rather than into staffing.

Cathy Peattie

Have you picked up any frustration with regard to the fact that people who can get to the accessible bus stops that you mentioned can travel free on buses while those who are stuck in their house and need special community transport cannot? Should there be some other way of funding community transport organisations? Why should they be the poor relation?

Anne MacLean

That is a very interesting question. For example, there is a good community transport scheme in my area that runs cars as well as a bus, but you have to pay for it. However, in one of the bits of this particular ward, there is a DRT bus on which you can use your card. I have not been able to find out why that is the case. It is bizarre, and it shows that the situation is even more complicated than you have indicated.

I know that there are many views on the question whether money should follow the individual rather than the operator, but it is not something that MACS has discussed or given thought to.

Thank you for your response, but I have to say that it seems to me to be discrimination.

Anne MacLean

I did not say that I did not agree with you—I simply said that we have not discussed the issue.

Rob Gibson

We touched on shared surfaces earlier. Your report recommended that

“planning authorities”

be encouraged

“to engage an access consultant during the design ... stage”

of any such scheme and that, at Government level,

“a multi-disciplinary working group”

be formed

“to monitor the implementation of shared space”.

I was about to get to that point in my previous question about dealing with different Government departments. Do you wish to say anything else about the necessity or urgency of those recommendations?

Anne MacLean

Only to stress their urgency. Since the publication of “Designing Streets”, the feeling that shared surfaces are a good idea has spread to the development not just of town centres but of new housing schemes and so on. MACS’s view is that it is not a good idea but, if it is going to be implemented, those involved in such schemes need to talk to the people who will be affected worst—who are, I have to say, people with disabilities. Do not misunderstand me—other people will also be affected—but people with disabilities are at greatest risk from shared surfaces.

Grahame Lawson

With regard to your earlier question on the effect of budget cuts, I should say that the whole point of using an access consultant is to get things right first time. After all, it is much more expensive to go back and try to remedy something. To get the most out of any budget, you should try to get things right first time.

Cathy Peattie

I am pleased that some work is happening on shared surfaces, albeit that it is slow. Have you picked up any frustration from people on mobility scooters, for example, or those who have to walk slowly, about not being able to use accessible pavements because they have big vans on them? Although there is shared space, are people finding that they cannot use pavements because of vehicles in the road?

Anne MacLean

Because of vehicles in the road?

I am sorry—I meant vehicles parking on the pavement.

Anne MacLean

Ah, now. I come back to Transport Scotland’s “Disability Discrimination Act: Good Practice Guide for Roads”, which covers not just vehicles parking on pavements but all aspects of the issue. Incidentally, until only recently, I had thought that it was illegal to park on the pavement, but I have since discovered that London is the only place where that is the case.

It must be some local government byelaw.

14:45

Anne MacLean

Indeed. To be quite blunt, I would like it to be illegal for selfish people to park on the pavement, as such a move would help not just the disabled, but a whole range of others.

It is interesting: the good practice guide discusses not just parking on pavements but other obstacles on pavements. I know that it depends on the width of the pavement and other factors. When the good practice guide came out, Scotland Transerv, which is an arm of Transport Scotland, decided to send out some rather peremptory notices telling people to remove obstacles on the pavement, within a certain time, in places where trunk roads run through villages and towns. Otherwise, the people concerned would be prosecuted. I have a note of the matter here, although I will not read it out to you. Of course, the premises concerned were in tourist areas and the owners were up in arms about it. They complained to VisitScotland and to their local councillors, and lots of stuff was written about it in the newspapers.

The matter was handled in an appalling way. If Transerv had taken the trouble to talk to people or send out a much more explanatory note to shop owners, explaining the effect that various obstacles have on disabled visitors and disabled local people, it might have achieved a far better result, but its notices only got people’s backs up.

I spoke to the standards people in Transport Scotland about the matter, and the issue was sorted out by the local authority, which did a bit of work through small businesses, but it shows that the road to hell can be paved with good intentions—excuse the pun.

Andrew Holmes

That illustrates an issue that has come before successive Scottish Governments. There is a legislative gap in this regard. It is clear in legislation that sandwich boards may not be put on pavements without consent, but it is possible to park a car on a pavement without any risk of prosecution, as that is not, in itself, an offence. In the view of many organisations, that requires to be changed, whatever element of parliamentary time is necessary to do that and to get the message across.

The Convener

I wish to explore the general issue a bit further. I agree strongly with some of the comments that have been made about street furniture. In Glasgow, the positioning of bus shelters sometimes makes it impossible for anybody, disability or no disability, to walk past them or to move a buggy or trolley along the adjacent pavement.

Anne MacLean

You have also visited Inverness, clearly.

The Convener

It might be a widespread issue. There seems to be an opportunity, if the design process is handled correctly and if it is inclusive and participative, for the general approach to shared surfaces to increase the accessibility of the built environment for everybody. Whether or not a pedestrian has a disability, if some drivers simply do not recognise pedestrians as legitimate road users or if the built environment encourages drivers not to behave in that way, everybody’s accessibility is reduced. If we get the design right, everybody’s shared use of the built environment, however they are getting about—whether they are driving, walking or in a wheelchair—could be enhanced. Is it the general approach of MACS that the process needs to be right? Is there a deeper concern with the general concept of shared surfaces in principle?

Anne MacLean

The process has got to be right. It is a problem that there is currently no concept of what a clear delineator might be if it is not a kerb. That is important for people who use a long cane, who might use the kerb as a guide. Some people might say that they could use the wall. I am sorry, but for someone who is walking against pedestrians coming the other way, that is not the answer.

The delineator has to be right in places where there are shared surfaces, and it has to be consistent. One of the problems is that there are different types of delineators in places where there are shared surfaces—it varies from local authority to local authority. People will not have a clue.

There are shared surfaces in Dundee, for example—I am looking to Marlyn Glen, who knows Dundee. The delineator there is quite different from the one in Inverness, where there is only a small piece of shared surface, and I have no doubt that it is also quite different from what is planned for Exhibition Road in London, not that MACS is responsible for London, thank goodness—sufficient unto the day.

You see what I mean: there must be consistency. The delineator has to be clear and recognisable by all. It should be useful to people who are visually impaired and to people with cognitive problems. It should not be a hindrance to people who use a wheelchair. The delineator must meet many requirements.

Okay.

Anne MacLean

I am not saying that we are totally opposed to shared surfaces, but we must have delineators for those people who have disabilities or those who have memory issues—a whole range of people, as I said. When all this started, it was seen as an issue solely for the visually impaired. I know that the Guide Dogs for the Blind Association held an evening in the Scottish Parliament and a lot of MSPs came along to it. I talked to someone who was there in a wheelchair and someone said to him that the issue was just about people with visual impairment. The gentleman said to him, “I will tell you something. You come down to my height in my wheelchair and try to make eye contact with a man who is driving a white van.” He was making a point.

It seems to have changed lately, but the whole idea was about making eye contact. Try making eye contact with a bus driver—assuming that you can see—or someone in a car with a shaded windscreen. So many cars now have darkened windscreens and the driver can see out but no one can see in. Whose idea was this?

Or with anyone in any vehicle on a sunny day.

Anne MacLean

That is absolutely right. That is why delineators are so important.

I just wanted to explore the general approach to the issue.

Shirley-Anne Somerville (Lothians) (SNP)

I have a couple of questions on projects in Edinburgh and Glasgow. I notice that you have made a couple of recommendations for the trams in Edinburgh. You said that it is necessary for the Scottish ministers to encourage Transport Initiatives Edinburgh to consult disabled persons organisations and stakeholders. Why is that still necessary at such a late stage, ironically enough, in the design of the trams project, if not its implementation?

Anne MacLean

I do not think that we have a problem with the tram design. Our problem is with where the tram stops are.

Shirley-Anne Somerville

I meant the design of the network and how it will be implemented. Your problem is with the tram stops in particular. My concern is that such issues are still having to be raised. We are a long way into the process from when TIE started the project. I see from your annual report that TIE gave a presentation earlier this year—I am not sure whether that was in 2010 or 2009—and I am concerned that that came quite late. Was that the first time that MACS had heard from TIE or had it been more involved than is hinted at?

Anne MacLean

TIE was probably discussing issues with the Edinburgh Access Panel and other local organisations for the disabled. We got a presentation from TIE about the design. I am looking at my colleagues here for confirmation that it was in 2010.

Andrew Holmes

It was in early 2010.

Anne MacLean

Our main problem is with where the stops are. As I understand it, there is an explanation for why there cannot be a stop near Waverley station. That leads to the question why Haymarket is to be the hub. Trains from the south and east come into Edinburgh at Waverley, which has bookshops, food outlets, cafes and whatever. Haymarket has nothing—I exaggerate for effect, but it has very little—and it does not have good access. Waverley station will eventually get its lift up to Princes Street, so we do not understand why there cannot be a tram stop close by. That people might have to get off the train at Waverley and travel to Haymarket to pick up the tram seems to be absolutely bizarre.

Has TIE responded to that? Is the issue closed as far as TIE is concerned? I would be surprised if it is still considering where to put tram stops. Has TIE left you with any openings for developments or improvements, or is the issue closed?

Anne MacLean

I think that we will pass on that. Could we come back to you, please?

It would be interesting to know whether TIE is at least being frank about whether the issue is done and dusted—whether you have had it and it is too late to make improvements. It would be interesting to know how open TIE is being with you.

Anne MacLean

Convener, is it all right if we come back to the committee on that?

That would be helpful—thank you.

That would be appreciated.

Has the issue with disabled parking at Glasgow Central station been resolved or is there hope of a resolution?

Anne MacLean

We have passed that matter to the Glasgow Access Panel. If the Glasgow airport rail link had gone ahead, parking at Glasgow Central would have been a major issue for us. However, as GARL is not to proceed, the issue is not for MACS, so we have passed it to the Glasgow Access Panel.

One issue that has been hinted at but which we have not got to is the Commonwealth games. I give you the opportunity to express your concerns, which we have not explored in detail.

Anne MacLean

Grahame Lawson will tell you all about our concerns in relation to the Commonwealth games and transport.

Grahame Lawson

That depends how long we have.

The London Olympics will take place in 2012. In 2005 and 2006, DPTAC engaged with the London Olympics team, which welcomed that approach. The net result was that guidance called “all change” was published in London in 2008. That was an access strategy for the London Olympics.

We are now in 2011 and it is three years until the Glasgow Commonwealth games, but we do not have an equivalent strategy in Glasgow. We have a draft transport strategy, which is 120 pages long and contains a very short reference—less than a paragraph—to accommodating disabled people’s needs.

If we use the same information as was used to assess the provision in London, about 7 per cent of spectators on any one day will have difficulty in using stairs or escalators. If we translate that into the Glasgow figures, about 8,000 people on the busiest day in Glasgow could have difficulty in using stairs or escalators. Over the duration of the games, about 100,000 spectators will have difficulty in using stairs or escalators. What provision is being made for that? The answer seems to be very little.

The Glasgow team has expertise in dealing with disabled athletes’ needs. A person has been recruited—I do not remember their name offhand—who has experience of that. I have no doubt that disabled athletes’ needs will be accommodated, but we have serious doubts about the provision for spectators. The games team has indicated its willingness to engage with us, but the issue is translating that into action. We are trying to identify people who have a similar interest, such as officials in the Scottish Government and other organisations, so that we can work with them to take a co-ordinated approach.

That is where we are. We do not think that the games team even has an access consultant. When I spoke to the team in October, it certainly had no such consultant, which is worrying.

That is a concern. Why has that situation arisen? What are the barriers to achieving a solution?

Grahame Lawson

That goes back to an earlier question, which was on training, and relates to a lack of awareness. In general, people are not aware of disabled people’s needs. People perhaps think of a wheelchair user, but that is the tip of the iceberg—disabled people include people with learning difficulties, visual impairments and hearing impairments. A range of people’s needs, which are all different, must be considered. There is a general lack of awareness and of training.

The Government’s ferries review has been mentioned. On disabled people’s travel needs, MACS responded to five of the 33 questions that were posed for the review. Would you like to expand on that?

15:00

Anne MacLean

Because what MACS does is comment on the needs of the disabled traveller, we restricted our response to the seven points—A to G—about disabled access that are set out in chapter 6, paragraph 9 of the Scottish ferries review consultation document. I will not read them all out.

We were concerned about how the questions about disabled access were asked. The phrase, “Persons with Restricted Mobility” was used. I know that PRM is a European expression, but MACS does not like it. Someone who has a hearing impairment does not think that they have a mobility problem. It is about our use of English, is it not? I wrote to David Middleton in November to say that we were concerned that the way in which the questions had been framed appeared to suggest that only physical disability was being considered and no attention was being paid to the needs of, for example, sensory-disabled people, people with cognitive problems such as memory loss and people with learning difficulties.

We had a very quick response from David Middleton, who thanked me for my letter and said that he was sorry that that was how we felt. He said that in fact the review includes all the matters that I have just talked about. I have not yet had a chance to discuss his reply with the MACS committee, but I will suggest that we write back saying, “It is fine that that is how you understand it, but we want to know how operators and other people who respond to the consultation understand it.” If we do not all have the same understanding the consultation will—to be frank—be a waste of time.

You said in your annual report that MACS and other disability organisations should be consulted before the ferries plan is finalised. Will that be sufficient?

Anne MacLean

Yes. In the letter from David Middleton we have been told that we can be part of the process from now on—I am sorry, but because I have difficulty reading I am not sure that I can find that bit in the letter.

The lead-up to that would involve MACS expressing concern about the language that has been used—

Anne MacLean

Yes. Then we will start working with Transport Scotland. That is what the head of Transport Scotland has offered us.

If members have no further questions, do the panel members want to raise issues that have not come up in questions?

Anne MacLean

No thank you, convener. We think that we have covered everything that we wanted to cover. Thank you for your time.

Thank you for yours, too. I appreciate your joining us to answer our questions.

15:03 Meeting suspended.

15:07 On resuming—