Local Transport Bill [HL]

moved Amendment No. 69A: 69A: Clause 64, page 53, line 41, at end insert— ““( ) The Secretary of State may by order require the display of specified information about the Committee in such places and formats as the Secretary of State considers appropriate, having regard to the needs of disabled persons.”” The noble Lord said: The noble Lord, Lord Low, was anticipating that his amendments would come up at our last meeting and he asked me if I would move them then. Since he is not here, I assume he would wish me to do so now. I am moving the amendment on his behalf. Noble Lords will understand and will forgive me if to some extent I am reading what he has given me. Amendments Nos. 69A and 70 are grouped. They are probing amendments and their purpose is to seek clarification and a specific commitment from the Government. The effect of one of the amendments is to subject the Public Transport Users Committee for England, if created, to the specific disability equality duty. I understand that an indication may have been given that some action might be feasible on this. The Disability Discrimination Act 1995, as amended by the Disability Discrimination Act 2005, establishes a general and a specific disability equality duty. The general duty states: "““Every public authority shall in carrying out its functions have due regard to … The need to promote equality of opportunity between disabled persons and other persons””." In tabling this probing amendment, I ask whether the Minister can confirm that the Public Transport Users Committee for England will, if established, be a public authority within the meaning of the Disability Discrimination Act 2005—a person carrying out public functions—and thus subject to the general disability equality duty. As I said, the Disability Discrimination Act established general and specific disability equality duties. The specific duty arises from Section 49D of the Disability Discrimination Act 1995 and the Disability Discrimination (Public Authorities) (Statutory Duties) Regulations 2005 made under it. Those regulations list a large number of public authorities and require them to produce disability equality schemes. These are action plans produced with the involvement of disabled people for how those organisations will promote equality. The list of public authorities already covered by the specific duty includes any passenger transport executive, Transport for London, the British Transport Police, all local authorities and joint transport authorities, and Passenger Focus, the operating name of the Rail Passenger Council established under the Railways Act 2005. The last of those is quite significant, as one option in the consultation about the PTUC is to expand the remit of Passenger Focus. The question is therefore whether it is the Government’s intention that the Public Transport Users Committee for England, in whatever form it eventually emerges, will be subject to the specific disability equality duty. I beg to move.