Alan Kelly (Tipperary North, Labour) | Oireachtas source

I will bring the matter of the provision of a wheelchair lift in Ennis railway station to the attention of the NTA. I will keep the Senator informed of developments in that regard. The matter has been raised previously in the House. I assure the Senator that I will be in touch with him.

I refer to the principal issue raised by Senator Conway. Regulation (EU) 181/2011, which came into effect on 1 March 2013, provides for a minimum set of rights for passengers travelling on bus and coach services within the European Union. The regulation applies in the main to regular services. These are services provided at specified intervals along specified routes with passengers being picked up and set down at predetermined stopping points, where the boarding or alighting point of the passengers is situated in the territory of a member state. Some rights are also prescribed for occasional or non-scheduled services

Besides the general passenger rights available under the EU regulation, disabled persons and persons with reduced mobility have specified rights when using regular bus and coach services, in order to allow them to enjoy the same possibilities to travel and to have the same rights as other people, including: the right to access to transport for disabled persons and persons with reduced mobility at no additional cost; the right to special assistance; and the right to compensation for loss of or damage to mobility equipment.

With regard to the right to special assistance under Article 13 of the EU regulation, in the case of long-distance regular services, those services exceeding 250 km, carriers and terminal management bodies must provide, within their respective areas of competence, assistance free of charge to disabled persons and persons with reduced mobility.

Disabled persons and persons with reduced mobility must notify the carrier about their specific needs, at the latest 36 hours before the assistance is needed. They must present themselves at the designated point of the bus terminal at the agreed time before the departure time. This cannot be more than 60 minutes prior to the scheduled departure time.

The regulation provides for member states to apply an exemption for domestic regular services over 250 km from certain aspects of the EU regulation, including significant elements of the chapter relating to the rights of persons with reduced mobility. In addition, for services of lesser distance than 250 km, an exemption can be sought under the EU regulation with regard to disability awareness training for drivers and other personnel, for a period of time.

My Department last year consulted directly with stakeholders on the application of the EU regulation, which included both consumer groups and the bus and coach industry. From the responses received there was broad support for full application of the EU regulation which would promote a better service for people with disabilities and reduced mobility. Therefore, no exemptions will be applied to the application of the EU regulations in the State. Following consultation between my Department and the Department for Regional Development in Northern Ireland, there is a common understanding between the authority in Northern Ireland and the Department that the full suite of rights under the EU regulation should apply to cross-Border bus and coach services from 1 March 2013.

Under Article 25 of the EU regulation there is an obligation on all carriers and terminal managing bodies to ensure that passengers, including people with disability and reduced mobility, are provided with appropriate and comprehensible information concerning their rights under the EU regulation. At the request of a disabled person or person with reduced mobility, the information must be provided, where feasible, in an accessible format. It is envisaged that the National Transport Authority, NTA, will be designated as the national enforcement body for the purposes of the EU regulation. The NTA will have responsibility for administration of a system of complaints and enforcement with regard to compliance with the EU regulation. I intend making regulations in this regard soon. Comprehensive information concerning the full extent of the EU regulation is being made available on my Department's website. It is intended that all bus and coach operators will be contacted directly concerning their responsibilities in this regard.