Air Travel: Disabled Passengers

Lord Davies of Gower Excerpts

Thursday 23rd November 2023 Grand Committee

[The Parliamentary Under-Secretary of State, Department for Transport (Lord Davies of Gower) (Con)]

My Lords, I thank the noble Baroness for asking this important question and all noble Lords for their contributions to this debate. Aviation passengers’ rights remain a priority and the Government are committed to ensuring that air travel is accessible for all. I am extremely sorry to hear of the experience of the noble Baroness, Lady Brinton, and the other shocking experiences that have been unfolded in Grand Committee today. For what it is worth, in my role as a Minister I am responsible for maritime accessibility, so I take this very seriously.

My responses today relate to contributions made by all noble Lords. I will start by talking about the rights of disabled passengers and the Government’s position. We have been clear with industry that passengers should be provided with the best service possible, including providing services and support to disabled and less mobile passengers so that they can travel with ease and dignity. Failure in this area is totally unacceptable.

In the Civil Aviation Authority’s latest aviation consumer survey, 21% of respondents identified as having a disability or health condition. Out of these people, 58% stated that they had difficulty in accessing or using airports or flying, and 70% required assistance when flying. The Government are committed to tackling the barriers affecting disabled and less mobile passengers while flying. The department has consulted formally on accessibility and regularly engages with disability experts and people with lived experience to further understand the issues. The department is committed to continuing to work collaboratively to bring about positive changes in aviation accessibility. To help bolster understanding and drive improvements, the department works closely with the government-appointed Disability and Access Ambassador for Aviation, Ann Frye OBE, and the Disabled Persons Transport Advisory Committee to ensure that disabled passengers’ voices are represented.

I recognise and take on board the notion that this is a global issue and must be addressed accordingly. The noble Lord, Lord Liddle, is quite correct to point out that this is a matter of equality. The Government are working actively with other countries at a European level through the ECAC and internationally with the ICAO.

Following consultation, the Government have committed to a range of legislative reforms, when parliamentary time allows, and non-legislative measures to improve air passenger rights for all passengers, first to remove the compensation cap for damaged wheelchairs on domestic UK flights through legislation. The Government will also work with industry to encourage voluntary waiving of this cap on international flights. It is important that when industry is in breach of its obligations to consumers, there are means of addressing this. Therefore, the department will take forward legislation to give the CAA additional enforcement powers: for example, the power to issue fines. Additionally, alternative dispute resolution membership for all airlines operating to, from and within the United Kingdom will be mandatory, so that all passengers can escalate complaints no matter who they choose to fly with. The right training is vital for the sector to understand the needs of disabled and less-mobile passengers. That is why the department launched a new training module for industry on handling powered wheelchairs to help mitigate damage to these vitally important items.

On stakeholder engagement, my noble friend Lady Vere of Norbiton, the previous Aviation Minister, hosted a round table with accessibility experts in June 2023. This focused on gaining a deeper understanding of the barriers faced by disabled and less-mobile passengers and what more could be done to address these. The round table was invaluable in identifying key areas that could be reformed. The department is now taking forward discussions with industry to drive forward improvements in the sector focusing on these key issues, including, for example, training, data sharing, complaint handling and infrastructure. The department is committed to continuing its engagement with industry and stakeholders to make air travel enjoyable and comfortable for everyone. To help drive improvements, the Government work closely with the government-appointed Disability and Access Ambassador for Aviation whom I mentioned earlier, and the Disabled Persons Transport Advisory Committee, to ensure that disabled passengers’ voices are represented.

The noble Baroness, Lady Randerson, talked about the Civil Aviation Authority’s role. We have a regulatory framework that sets out the rights of disabled and less mobile passengers when flying, which is enforced by the CAA. The recent public body review of the CAA looked at the efficiency, effectiveness, governance and accountability of the CAA as a whole, including the use of its current consumer protection enforcement powers. The independent review reported that the CAA is a highly effective regulator. The CAA is committed to its role to consumers, which is evident from several key initiatives, including the release of a recent airport accessibility performance report, the ongoing consultation on introducing a similar airline performance framework, the assessment of airline website accessibility and the publication of a new consumer strategy.

The noble Baroness, Lady Brinton, mentioned staff training. Training is key to ensuring that staff across the aviation sector understand the needs of disabled passengers. The ministerial round table with disability experts in June 2023 raised staff training as one of the key barriers to disabled people’s confidence to fly. UK law obliges all staff to receive appropriate disability awareness training. The department will work with industry to understand what issues or gaps, if any, exist and will consider ways to address these. The department published a free online disability awareness and equality training package for all transport mode operators, including aviation, in November 2020. The REAL training programme was created to improve the sector’s confidence and skills in delivering inclusive journeys for disabled passengers. The department launched a new module as part of the REAL programme in June for handling powered wheelchairs; the training focuses on the importance of careful handling and the impact that any damage has on the passenger.

The noble Baroness, Lady Brinton, also talked about seating on board aircraft. We strongly believe that everyone should have equal access to air travel. Under UK law, airlines are required to make all reasonable efforts to arrange seating to meet a disabled passenger’s needs, including seating a travelling companion next to the passenger. While there is no legal requirement for airlines to offer free or discounted seats to an accompanying person, it is the CAA’s view that it is best practice for airlines to do so where they require a disabled or less mobile passenger to travel with an accompanying person. Airlines are allowed to request an accompanying person only due to safety concerns: for example, if a passenger could not evacuate the aircraft in an emergency.

On non-visible disabilities, providing accessible aviation to all passengers is a government priority. As I mentioned earlier, the CAA has published guidance for both airlines and airports on providing assistance to passengers with non-visible disabilities. In fact, the Government’s Disability and Access Ambassador ran an excellent session with industry and experts on a new UK standard for the built environment and neurodiversity, called “Design for the Mind”. The session considered how the airport environment can be better designed and managed to be an enjoyable environment for neurodiverse people. The Government are working with experts following this session to understand what practical steps can be taken.

On accessible toilets on board aircraft, there is already guidance on accessibility requirements under UK law that airlines are expected to follow, including guidance on accessible toilets on different aircraft types. The CAA has recently reinforced, in its consultation on an airline accessibility performance framework, that airlines must meet the requirements set out in the guidance, including providing assistance to and from the toilet via an on-board wheelchair in order to meet their legal obligations.

Airport security screening was mentioned. As I said, the Government are committed to ensuring that flying is enjoyable and accessible for everyone, and the department is engaging with industry to identify ways that this can be achieved for the entire passenger journey. All passengers must be screened effectively, and, as far as possible, disabled and less mobile passengers will be screened to the same standard and in the same way as other passengers. Where passengers are not able to be screened in the usual way, an alternative method will be used that may take slightly longer. Security officers are expected to make reasonable adjustments when screening or searching passengers with a disability.

The reports we have seen in recent years about the mistreatment of disabled and less mobile passengers travelling by air are, as I said earlier, completely unacceptable. The department is committed to making aviation accessible and enjoyable for everyone, and there are plans in place, both legislative and non-legislative, to drive this forward. There is legislation in place to protect the rights of passengers, and the CAA will take enforcement action, where necessary, to protect the rights of consumers. The industry has made some real changes over the last year to improve the service it provides to consumers, including disabled and less mobile passengers, and this is evident in the CAA’s most recent report on airport accessibility performance. However, there is more to do, and the department and the CAA will continue to work collaboratively with industry to focus on improving the accessibility of aviation and the service provided to passengers.

The Government are clear that all passengers must be treated with respect and dignity while travelling by air. It is vital that government, the CAA, industry and accessibility stakeholders continue to work together to making flying an enjoyable, safe and comfortable experience. I thank noble Lords for their input on this important issue.