Working in Europe for Everyone in Yorkshire and the Humber

21st February 2008 - Keeping up the pressure for better rights for deaf travellers

Linda McAvan, who represents Yorkshire and the Humber in the European Parliament, is keeping up the pressure for new Europe-wide laws to tackle discrimination against deaf people travelling by boat after raising the issue again with the European Commission in Strabourg this week.

Ms McAvan was first alerted to the problems faced by deaf people when she was contacted by a Sheffield man two years ago who had been turned away from travelling on a cruise due to his disability, which the company said amounted to a health and safety risk.

Since then, Ms McAvan has repeatedly pressed the government and the European Commission to introduce legislation, which had been expected this year. However, in response to her question this week, the Commission set down no timetable for action, saying only that an impact assessment of any change in the law is underway, they favour passenger rights and that the “maritime sector is no exception to this.

Linda is now planning to contact European cruise industry representatives to urge them to promote the best practice of some operators in making the necessary arrangements for deaf and deaf/blind travellers.

Maritime travel is the only form of public transport not cover by the Disability Discrimination Act or EU air travel rules.

Linda McAvan says;

“The fact that legislation has not already been drafted is disappointing. Clearly deaf people face problems when travelling by boat that other people do not. However, the government’s own advisory group says that maritime travel should be treated like other forms of travel under the Disability Discrimination Act. The European Commission is conducting an assessment of the impact of legislation Europe-wide. And MEPs should be voting later this year on new proposals to prevent a wide range of disability discrimination problems. The tide is turning.”

She added;

"There is no excuse not to act to prevent people like Mr McLennan from losing out again. We have the technology to ensure that he and other deaf people can travel safely. We just need to have the political will to make sure that ship operators use that technology. I will continue to fight to get the legislation that deaf people deserve.”

The full text of Ms McAvan’s question and the Commission’s response is reproduced below:

ORAL QUESTION H-1067/07

by Linda McAvan

to the Commission

Subject: Protecting the rights of people with disabilities to travel by sea

Given the outcome of the 2006 public consultation on strengthening the protection of the rights of passengers travelling by sea, what future action is the Commission planning in this area?

In particular, when does the Commission intend to publish a proposal on denied boarding compensation and access for people with disabilities to ferries, as they have done for aviation and rail transport? This was a notable omission from the Commission's 2008 Work Programme and a source of concern for people with disabilities who are currently being denied access to ferries.

Reply to oral question

H-1067/07

February 2008

The Commission has adopted a policy aimed at establishing and strengthening passenger rights. In line with this policy, the Commission launched in 2007 an impact assessment study on the establishment of rights of passengers with reduced mobility in maritime transport. On the basis of this study, the Commission is currently finalising an impact assessment that assesses different options in view of improving the rights of passengers when travelling by ferry or cruise, and more particularly passengers with reduced mobility. It is correct that such initiative does not appear as such in the Commission's Legislative and Work Programme 2008. It has to be reminded that the Commission's Legislative Work Programme only focuses on main strategic and priority intitiatives. However, the work programme of the Directorate General for Energy and Transport foresees the possibility of such proposal in this field.

The Commission has always expressed a clear commitment in favour of passenger rights. The maritime sector is no exception to this as shown by one of the proposals related to passenger rights in the third maritime package already tabled by the Commission in November 2005.