The Bulletin

 


Week Beginning Monday 29th October 2001

 

Contents.

1) Exception to Copyright for Visually Impaired People.

2) Guaranteed Interview System, Scotland.

3) EDM on Eye Tests.

4) Number of sight tests in Scotland.

5) London’s Congestion Charging Scheme.

6) House of Lords approves new SEN Code of Practice.

7) Office of Communications Bill, Committee Stage, House of Lords.

 

 

1) Government affirms support in principle for an exception to copyright for visually impaired people. 

 

Speaking at the launch of Joint Industry “Copyright and Visual Impairment” Guidelines on Wednesday 31st October, DTI Minister, Melanie Johnson MP, reaffirmed the Government’s support for an exception to copyright law for the benefit of visually impaired people. 

 

The Guidelines were drawn up by rightsholder organisations such as the Publishers’ Licensing Society in collaboration with visual impairment organisations.  They state that a visually impaired person can make an accessible version of a book, journal or magazine for their personal use or ask someone else to make them an accessible version without infringement of copyright but with certain safeguards.

 

While welcoming the Guidelines and the collaboration between rights holders and visual impairment organisations the Minister reiterated the need for legislation in this area: Ms Johnson said:

 

“I believe it is unlikely that voluntary solutions alone will solve all the problems of access to copyright material for visually impaired people.  We believe, therefore, that a new exception can and must complement voluntary solutions such as the Guidelines to ensure the fullest possible access to copyright material for visually impaired people.”

 

A Government consultation earlier this year, the results of which have just been published, discussed the form such an exception (covering multiple copies as well as ones for personal use) should take.  The Government favours an exception which provides clarity and elaboration of what can and cannot be done without infringing copyright and therefore prevents anyone having to resort to litigation. 

 

Ms Johnson mentioned Rachel Squire MP’s private member’s bill to deliver an exception to copyright for the benefit of visually impaired people which is sponsored by RNIB and others saying that:  “We will be exploring in the coming months whether this is a bill that can deliver an exception to copyright in a form we can support.”

For further information contact David Mann, Campaigns Officer, on 028 9032 9373.

 

2) Guaranteed Interview System

In a press release issued on Monday 29th October by the Scottish Executive, Finance and Local Government Minister Angus MacKay announced the introduction of a scheme guaranteeing interviews for disabled people applying to be members of boards of public bodies.

 

The Minister commented "This is an important step in delivering on our commitment to open up public appointments to currently under-represented groups."

 

3) Early Day Motion

An EDM has been tabled highlighting the importance of parents taking their children for an eye test, as these are no longer provided at school.  The Motion has been tabled by Hywel Williams, the disability spokesperson of Plaid Cymru.

 

EDM Text:

“This House notes with concern the findings of studies carried out by Dr David Thomson of City University, Department of Optometry and Visual Science, London, which show that one in five school children could have an undetected sight problem; believes that vision screening is important so that children can be identified who have unsuspected remediable conditions and treatment can be offered before educational and social progress is affected; joins the RNIB in calling on parents to book a free sight test for their child and further calls upon the Government to introduce universal and high quality screening for children when they enter primary school and at again on entry to secondary school. EDM 320, which currently has 27 signatures.

 

4) Number of sight tests: Scotland.

In a press release issued today by the Scottish Executive, Health Minister Susan Deacon welcomed eye tests figures showing a major increase in the number of eye tests taken under the NHS.

 

The Minister commented "More than twice the number of sight tests are now being carried out on the NHS compared with a decade ago. The Government's decision to extend free sight tests to adults aged 60 and over, and those at risk of developing glaucoma, has been a major factor in that success."

 

5) London’s Congestion Charging Scheme.

Replying to a question from RNIB Campaigns Officer, Nicholas Russell, at People's Question time on October 30th, Ken Livingstone indicated that he may well be about to agree to important concessions in the exemption scheme for disabled people.

 

RNIB had expressed two major concerns, firstly, Orange/Blue Badge holders were only to be exempt if they live in London and, secondly, that those registered blind or partially sighted were not exempt.  In his reply Ken Livingstone announced that he was now minded to exempt these groups providing a way of minimising potential fraud can be found.

 

Welcoming Ken's Response, Nicholas Russell said, "We welcome these important concessions which will make central London much more accessible to visually impaired people.  We will be offering to work with the Mayor to find ways of making sure that the exemption scheme covers those who have genuine difficulties using public transport without being open to abuse by those who are able to chose to use public transport."

 

6) House of Lords approves new SEN Code of Practice

The House of Lords approved the new revised Special Educational Needs (SEN) Code of Practice on Monday 1st November, which now goes to the Commons for approval. The first revised version was withdrawn from Parliament in July by the Government following outrage over the dilution of the duty to quantify support for children with special educational needs in statements, among other things.  The revised Code rectifies this and other glaring omissions and contains a much greater emphasis on early years guidance, parent partnership and pupil participation at all stages of SEN. RNIB is now keen that the Code, to come into effect from January 2002, be approved, but we are raising the need for Government action on related areas.  Peers of all parties supported our calls for action on mobility education and vision screening for children in schools.  Baroness Blatch, Conservative spokesperson on Education and Skills said:

 

“The Royal National Institute for the Blind is concerned about omissions from the draft code as regards provision for mobility education for children with sight impairment and the need for guidance on detecting visual impairment…..I understand that 30th October is Eye Test Action Day and that literature will be provided by the Royal National Institute for the Blind to emphasise the importance to parents of having sight tests for their children.

 

As to the question of mobility, it is important to make the point that mobility education for children with sight impairment is as important as language or speech therapy for children with other difficulties. It is a pity that this has not been properly addressed in the code.” (Lords Hansard, 29th October 2001 Col 1248). 

 

Baroness Sharp for the Liberal Democrats and Baroness Darcy de Knayth echoed these sentiments.  Responding to the debate, Baroness Ashton said she hoped that the under-twos working party (of which RNIB is a member) will be able to consider the early identification of children who have visual impairment.  On mobility education she said:

 

“The noble Baroness also referred to the fact that mobility education is not included in the draft code. LEAs can make arrangements for mobility training if they wish, but we do not consider that we should make it obligatory. There needs to be good liaison with health services locally and, indeed, with voluntary and social services to look at those issues. We shall, of course, try to ensure that that happens. (29th October, Col 1261)

 

RNIB doesn’t find this response satisfactory and will continue to press for mobility and independence training to be firmly established as educational entitlements for visually impaired children.

 

Peers also raised the need for the Government to emphasise that the exhortation in the Code that LEAs ‘should retain some flexibility’ in quantifying provision in statements should only apply in an exceptional and exceptionally small number of cases. Lord Baker of Dorking, President of Dorton House School for blind and partially sighted children, also flagged up the need for special schools to have access to programmes such as City Technology Colleges which mainstream schools have access to - a vital issue given the pots of additional money such schemes attract. Sustainable funding for special schools forms part of RNIB’s campaigning agenda for education alongside strengthening the quality of inclusive education.

 

7) Office of Communications Bill – Committee Stage, House of Lords.

Lord Morris of Manchester moved three amendments to the Office of Communications Bill drafted in conjunction with RNIB.  Ofcom will replace Oftel, the Broadcasting Standards Council, the Independent Television Commission and the Radio Authority, bringing all their functions under one regulatory umbrella.  Lord Morris’ amendments were designed to flag up the importance of Ofcom adopting best practice on access for disabled people and championing their rights from day one.

 

One amendment would have required the Secretary of State to ensure that at least one of the members of Ofcom’s board is familiar with the special requirements and circumstances of individuals who are disabled and individuals of pensionable age. Another would have imposed a duty on Ofcom to make proper provision for the needs of disabled people and other disadvantaged groups (going beyond the White Paper’s commitment simply to give ‘due weight’ to their needs). The third would have required Ofcom to have an accessible information policy for disabled people so that they might interact with the new single regulator using their preferred format and method of communication.  Lord Morris argued that:

 

“Ofcom will be making decisions and providing services of immense importance to disabled people in terms not only of their right to social and cultural inclusion, but even of their status as citizens. Yet as the Bill is now drafted, the board of embryonic Ofcom will be assessing its strategy free from any obligation to consider and prioritise the rights and access needs of disabled people. In fact, the existing regulators are already designing criteria for the new body's structure and working arrangements without reference to the access needs of disabled people.” (29 Oct 2001 : Column 1222)

 

He also used the example of the Government’s failure to ensure visually impaired people can receive audio-description on digital terrestrial TV as an example of how disabled people are in danger of being left out in the new digital future and as an argument for making proper provision for their needs from the outset.

 

He was supported by Lord Addington for the Liberal Democrats and Baroness Anelay for the Conservatives. Unsurprisingly the Government was not about to accept the amendments, but Baroness Blackstone, for the Government, acknowledged that there are special interests, particularly those of disabled people, which Ofcom will need to take into account when it is fully regulating the sector and that it would be possible for various interests to be represented on the relevant committees that Ofcom will set up to undertake some of its functions or provide advice. She said that she understood the importance of the amendments to disabled people and said:

 

“May I reassure the noble Lord, Lord Addington, and my noble friend Lord Morris of Manchester that we expect Ofcom to operate in a way that will allow disabled people to gain access to information. However, we do not believe that provision is needed on the face of the Bill.” (29th October, Col 1226)

 

We may press the issues further at later stages of the Bill to ensure that, at the very least, knowledge of disability issues is a core part of the criteria for appointments to Ofcom’s board and get firmer assurances that those developing Ofcom’s design criteria and objectives fully address access issues and adopt a best practice approach.