Following the launch of the Government's National Disability Strategy in September 2004, the Minister for Transport issued the Sectoral Plan of the Department of Transport, as required by the Disability Act 2005. In this plan, which was updated in 2008, the Minister states that:
'... the Department is committed to the comprehensive development of accessible public transport services for the greatest number, and the largest categories as possible, of those with mobility and sensory impairments in the shortest possible time having regard to resource, technical and other constraints.'
The Department stresses that the benefits of improved transport accessibility extend to all transport passengers. The Sectoral Plan also notes that it is inevitable that some people, because of the severity or nature of their disabilities, will not be able to be accommodated on all transport services. In such cases, every effort must be made to pre-inform intending passengers of the limitations of accessibility and to provide a service to as many passengers with reduced mobility as possible.
The Disability Act 2005 also places certain obligations on public bodies to ensure accessibility of buildings, services and information:
The Equal Status Acts 2000 - 2004 make it illegal to discriminate on the grounds of gender, marital status, family status, sexual orientation, religion, age, disability, race or membership of the traveller community when providing goods or services to the public. Guidance from the Equality Authority states that:
'... a person selling goods or providing services must do all that is reasonable to accommodate the needs of a person with a disability. This involves providing special treatment or facilities in circumstances where without these, it would be impossible or unduly difficult to avail of the services.'
There are a number of existing legislative and non-legislative measures relating to the accessibility of passenger vessels.
Irrespective of whether they are registered in Ireland or elsewhere, vessels engaged in international voyages are governed by international agreements. These include recommendations on the design and operation of passenger vessels in response to the needs of elderly and disabled persons as set out in the International Maritime Organisation's (IMO) Circular MSC/735 of 24/06/1996.
Safety rules and standards for domestic passenger vessels are governed by EU Directive 98/18/EC as amended by 2003/24/EC. This Directive has been transposed into Irish law by Statutory Instrument No. 716 of 2004. The Directive, which is aimed at certain categories of domestic passenger vessels not engaged on international voyages, establishes standards of a general nature to assist passengers with reduced mobility. For categories of domestic passenger vessels not covered by the Directive, the Marine Survey Office seeks voluntary compliance with the Directive during the construction of such vessels.
Arising from an examination of the rights of international maritime passengers, including passengers with reduced mobility, the European Commission has acknowledged the limitations in the existing directive (EU Directive 2003/24/EC) on safety rules and standards for passenger vessels. A proposed Regulation to strengthen passenger rights in the area of maritime transport, including the rights of persons with reduced mobility, is under discussion at EU level.
The proposed Regulation proposes to give maritime passengers similar rights to those that air and rail passengers already have under EU law. The aim of this is to improve the attractiveness of maritime transport and public confidence in it, as well as to achieve a level playing field for maritime transport carriers from different member states and between maritime transport and other modes of transport. The proposal covers maritime and inland waterway commercial passenger services, both domestic and international, and makes provision for the following:
As previously mentioned, compliance with accessibility requirements is voluntary in relation to certain domestic passenger vessels. However, if the voluntary approach is not seen to be working, proposed new legislation published in May 2009 will give the Minister for Transport power to introduce regulations to cover standards or requirements designed to improve the accessibility of pre-journey information, the provision of lifts, steps and stairs, safety announcements , signage and so on.
The Maritime Passenger Transport Forum was established in 2006 to oversee the implementation and review of the Maritime section of the Sectoral Plan of the Department of Transport. The Forum comprises representatives from disability organisations, passenger ship companies, port services providers, relevant government departments and the National Disability Authority. The Forum's report (published in 2008, available on the Department of Transport website http://www.transport.ie) gives an overview of the work of the Maritime Passenger Transport Forum since its establishment. The report includes:
The Department of Transport, acting on a recommendation of the Forum, has provided a number of disability awareness training courses for ship operators and crews around the country and is progressing work on the other recommendations of the Forum, including these Guidelines and access audits for passenger vessels.