7. Debate on the Equality, Local Government and Communities Committee Report: the Blue Badge Scheme in Wales: Eligibility and Implementation

– in the Senedd at 4:49 pm on 16 October 2019.

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Photo of Elin Jones Elin Jones Plaid Cymru 4:49, 16 October 2019

(Translated)

That brings us to the next item, which is a debate on the Equality, Local Government and Communities Committee report on the blue badge scheme in Wales, on eligibility and implementation. I call on the Chair of the committee to move the motion. John Griffiths.

(Translated)

Motion NDM7161 John Griffiths

To propose that the National Assembly for Wales:

Notes the report of the Equality, Local Government and Communities Committee on the Blue Badges Scheme in Wales: Eligibility and Implementation, which was laid in the Table Office on 8 July 2019.

(Translated)

Motion moved.

Photo of John Griffiths John Griffiths Labour 4:50, 16 October 2019

Diolch, Llywydd. I'm very pleased to open today's debate on the Equality, Local Government and Communities Committee report on the blue badge scheme in Wales. I'd like to start by thanking all of those who contributed to our inquiry, in particular those who participated in the numerous focus-group sessions we held across the country. I'd like to welcome the representatives from Knighton Access Group, who are in the public gallery today, and thank them for facilitating one of those meetings. Diolch yn fawr.

We held 12 across Wales, which attracted higher numbers of people than any of the previous areas of engagement work we have carried out as a committee. I believe this demonstrates the importance of blue badges—they really do provide a lifeline for our communities. Without them, many would struggle to access essential services, such as medical appointments, or struggle to live independently.

We made 19 recommendations in our report, 13 of which have been accepted fully or in principle. The committee agreed that I should write to the Minister ahead of today's debate to outline our further concerns around the rejection of some of the recommendations. I hope the Minister will be able to take these matters forward by alternative methods, as he suggests in his response.

I'm pleased that recommendation 1 has been accepted, and the Welsh Government has committed to undertaking a review of the eligibility criteria for a badge. We heard a lot of evidence around linking eligibility to qualification for welfare benefits. While this may be useful for some, there are many others who are disadvantaged by the automatic qualification criteria. That is why the process for further assessment must be fit for purpose, to ensure that those who need a blue badge, but who do not automatically qualify, are able to obtain that vital lifeline. I would like to ask the Minister to provide an update to the Assembly on the outcome of the review upon its conclusion.

Recommendation 2 was accepted in principle. The important message here is to ensure that people who receive a terminal diagnosis are issued a blue badge as soon as possible. It would be preferable if guidance could make the fast-tracking of applications mandatory, but I recognise the restrictions around doing so.

The committee is disappointed at the rejection of recommendation 4. This relates to exploring options for introducing a separate concessionary parking scheme for people who require swift access to amenities but do not merit a blue badge in their own right. The Minister favoured looking at such an arrangement in his evidence to us, mentioning a parallel process for a positive parking scheme that would capture a larger number of people. Therefore, we recommended that the Welsh Government explore options for introducing such an initiative.

The response refers to the need for a firm evidence base, and while we recognise that, the essence of this recommendation is to explore options. My letter asked that the Minister reconsider, and I note that his response says that the Welsh Government will discuss with the local authorities whether they would be amenable to the expansion of concessionary parking. We would appreciate an update from the Minister once those discussions have taken place.

I'm pleased that recommendation 6 has been accepted. We understand why general practitioners no longer have a formal role in the assessment process. However, many stakeholders felt it was important that when additional information from doctors or other professionals to support an application is made available, this should receive proper consideration.

We heard of the importance of all blue badge assessors understanding and applying the social model of disability. I appreciate the Welsh Government’s position that guidance issued to local authorities cannot specify that staff must be trained. However, unless it’s obligatory, how can we be assured that such training will take place?

(Translated)

The Deputy Presiding Officer took the Chair.

Photo of John Griffiths John Griffiths Labour 4:55, 16 October 2019

Recommendation 8 is accepted in principle. We discussed with the Minister the need to involve those with lived experience in the assessment process. He was confident that when joint transport authorities are established, this would be a significant feature to advise on how service provision can be improved. We realise that provisions around the establishment of JTAs primarily relate to bus and taxi services, but the Minister assured us that there could also be a role in advising on the process of applying for a blue badge. We therefore recommended that the Welsh Government sets out how it envisages a role for those with lived experience of the blue badge system in the establishment of JTAs.

In the response, the Welsh Government states that it will look to the new regional bodies to have arrangements in place for working with service users, including badge holders. The committee would appreciate greater assurances as to how this will work. I would ask the Minister for an update as to how he envisages this being implemented and monitored.

Recommendation 11 relates to amending the Chronically Sick and Disabled Persons Act 1970, specifically around issuing statutory guidance. Inconsistencies in implementing the badge scheme was one of the main concerns raised by stakeholders and, indeed, the Minister told us that it was his first priority to ensure consistency across Wales. Yet the Welsh Government’s response is to reject, despite the Minister conceding in evidence to us that it would be more desirable to have statutory guidance in place. We are surprised and disappointed by the response. I note that the Minister’s letter says that officials will discuss the guidance with local authorities and, again, we would appreciate an update in due course.

The rejection of recommendation 13 is another area of concern. We know that the renewal process causes unnecessary worry for people, so we said that those suffering with a lifelong or deteriorating condition should be able to renew automatically, as their circumstances would not have changed. In rejecting this, the Minister referred to the blue badge digital service, which has been in operation since February, as a means of flagging whether a badge has been awarded for life. Can the Minister provide an assurance that this system is working effectively?

Our report referred to evidence we heard from Caerphilly County Borough Council who proactively contact those whose badges are approaching expiry. We welcomed this approach. Yet we heard informally from a stakeholder that local authorities were opting out of enabling the new system to issue reminder letters, as the onus was on applicants to reapply. It would be a matter of concern if this practice is widespread, and I would ask the Minister whether he is aware of these matters.

Proper enforcement is crucial to ensuring the integrity of the scheme, so I'm pleased that most of the recommendations in this area have been accepted, at least in principle. Recommendation 16 was that the Welsh and UK Governments work together to expand the range of penalties imposed on those guilty of misuse. I'm pleased that the response refers to an opportunity for an initial discussion to have taken place. However, I would be grateful for further details from the Minister as to how this will be taken forward.

Dirprwy Lywydd, in conclusion, as I've already said, the blue badge scheme is vital to enabling many people to live independently, and the prospect of being unable to have a badge causes a great deal of anxiety. These are important issues, and I hope the Welsh Government can re-consider some of our rejected recommendations to ensure the scheme operates as effectively as possible for all our communities across the length and breadth of Wales.

Photo of Mark Isherwood Mark Isherwood Conservative 5:00, 16 October 2019

Well, the social model of disability, developed by disabled people, says that people are disabled by barriers in society, not by their impairment or difference. Barriers can be physical, like buildings not having accessible toilets, or they can be caused by people's attitudes to difference. With that in mind, and as our report states,

'Blue badges provide a lifeline for a range of people in our society. Without them, many would struggle to access essential services such as attending medical appointments. Difficulty in visiting shops and using leisure facilities diminishes their ability to lead independent lives and they could become more isolated and confined to their own homes.'

After accepting our recommendation 1, that the Welsh Government undertakes a review of the eligibility criteria for the blue badge, the Welsh Government then qualified this by stating,

'Officials will consider and explore further research through joint working between the four UK nations', where findings will inform the next steps, adding that,

'It cannot be confirmed whether the work can be funded within current budgets.'

As worded, therefore, this is not acceptance, and we need clarity accordingly.

Recommendation 4 recommends that the Welsh Government explores options for introducing a concessionary parking scheme separate to the blue badge scheme to meet the needs of those who require swift access to amenities, such as carers, those with incontinence problems and those suffering a temporary impairment expected to last less than 12 months, without impacting on the availability of parking spaces for those with mobility problems.

In rejecting this, the Welsh Government states that the firm evidence base required,

'Will be included within the review identified in recommendation 1',

i.e. raising the same concern identified earlier.

I have long been calling for temporary blue badges, after receiving correspondence from constituents over the years who have had temporary impairments, requiring them to depend upon mobility aids for limited periods because of an accident, operation, or occasionally other factors. Speaking here in 2016, I moved an amendment to defer the introduction of temporary blue badges because the Welsh Government’s amendment regulations didn't go nearly far enough and still disabled too many people. Although these blue badges available to people with temporary impairments that last more than 12 months but aren’t permanent were, therefore, a step in the right direction, I stated that they were,

'In breach of the Welsh Government’s publicly stated commitments to person-centred support, to independent living and to the social model of disability.'

Age Cymru told me then that, 

'We agree with you that there should be flexibility around the period for which the temporary badges are issued, and we deem that the duration of the badge in such circumstances should be based on the recovery time of the applicant’, and Disability Wales said that,

'Blue badges should ideally have a more person-centred time limit to reflect individual impairment, rather than a one-size-fits-all period of one year’.

The Welsh Government rejected our recommendation 7, which recommended,

'That the Welsh Government updates its guidance to local authorities to clearly specify that all staff who undertake blue badge assessments are trained to understand and apply the social model of disability', on the grounds that its guidance can only recommend and not specify. As our report states, Disability Wales highlighted inconsistencies in the knowledge and understanding of assessors across local authorities and said,

'We’re not entirely convinced about people’s competence to carry out those assessments. We haven’t got knowledge of what training those people have undertaken to come to those decisions.'

This issue was also raised by the National Autistic Society Cymru, who suggested that suitable training, including autism training, should be mandatory for those making decisions on eligibility for a blue badge under the cognitive impairment discretionary criteria. Unless the Welsh Government ensures lived-experience training for blue badge assessors, assessment errors will continue to fail people, as will its rejection of committee recommendations 9 and 10 that the Welsh Government put in place review and formal appeals processes for applicants to challenge an authority’s decision on a blue badge application.

Although Assembly lawyers stated that the Welsh Government can impose duties on a local authority to make arrangements with a view to securing that its functions are carried out with due regard to the need to meet the equal opportunity requirements, by amendment to the Chronically Sick and Disabled Persons Act 1970, the Welsh Government states that there is no capacity in the legislation programme for this Assembly term. I therefore conclude by calling on all parties to include a commitment to do this in their election manifestos for the next Welsh Parliament term.

Photo of Leanne Wood Leanne Wood Plaid Cymru 5:05, 16 October 2019

This inquiry followed the work that my colleague Siân Gwenllian undertook when she was previously a member of this committee in highlighting some of the difficulties that were created by the poor drafting of the original regulations. Problems had arisen when it transpired that the Welsh Government was unable to clarify details when local authorities faced difficulties in implementing the scheme. So, I'm very pleased that our committee recommended that the Welsh Government updates its guidance to local authorities to ensure that there is clarity so that eligible organisations can apply for a blue badge in their own right. And, of course, I'm pleased that the Welsh Government has accepted this recommendation.

However, originally the Welsh Government rejected nine out of the 19 recommendations that were made by the committee, which is actually staggering. Sensing how bad a look that might be, they've subsequently agreed to accept in principle a further three recommendations, bringing the total number of rejected recommendations to just under a third of the total. The rejected recommendations include all staff involved in assessments being trained in the social model of disability and for the legislation to provide for a review process for people to be able to challenge a decision.

Now, how many times have we seen Labour Assembly Members in this place note the unfairness of assessments for disability when they're conducted by the Department for Work and Pensions? How many times have we recognised the importance of appeals against their decisions and the importance of ensuring that staff understand the needs and barriers that people face? We repeatedly find that there is a problem with the public sector as a whole when it comes to assessments of disabled people, and it's only when we have robust appeals processes and staff who are properly trained that we find that these problems are reduced. So, I'm disappointed that these recommendations have been rejected. And on the reason given—that you don't have the time to do it—well, the facts show that in this Assembly term, there have been fewer pieces of legislation than there were in the last Assembly term, so I don't accept that as an excuse. It's more a case of lethargy and the Government regarding this as a trivial issue it thought it had solved with its poorly drafted regulations.

I, and I'm sure many other Assembly Members too, meet plenty of people through surgeries, who make contact with my office—people who really need a blue badge. There are always more requests than the council can meet. Many councils seem to only be issuing a limited number of blue badges every year. Yes, I know that concerns about fraud have to be tackled and, yes, I know that land available for parking is limited, but we also have to make sure that Welsh citizens who may have illnesses, disabilities or mobility problems for other reasons are enabled to go out and live life as fully as they possibly can. We're all aware of the growing mental health epidemic that is linked to increasing loneliness. A blue badge can mean the difference between having a life or being a prisoner in your own home. So, I very much hope that the Government will reflect on that and recognise their responsibilities in terms of preventing mental ill health and loneliness whilst considering this blue badge scheme.

Photo of Dawn Bowden Dawn Bowden Labour 5:09, 16 October 2019

Although I'm now a member of the committee, I wasn't at the time the inquiry was taking place, but I'd like to thank everyone involved with gathering the evidence and delivering the report on an issue that is important to so many people who use the blue badge scheme. Like other Members, I see lots of these coming through my office on a regular basis, and, actually, the staff in my office have been very, very successful in getting a number of appeals overturned and cases reviewed with the local authority. So, there is a process by which that can happen, but it can be cumbersome and can cause delays, and that's part of the reason I wanted to speak. Because, as often happens, when we get a report submitted like this, we will subsequently see bits of casework that relate directly to the report that was published.

So, I'm going to confine my comments just to a specific area that's been raised with me by a constituent, and it's an issue that's associated with recommendation 4, around the introduction of temporary concessionary parking schemes for certain short-term cases. Now, I realise that recommendation 4 has been rejected by the Government, but it has said it will include this in the review identified in recommendation 1, with consideration given to the Just Can't Wait card scheme. So, in that same review, can I ask you, Minister, to consider the associated issue that was raised with me by a blue badge holder in my constituency who had a delay in the renewal of his application? So, the constituent has suggested to me that where a delay occurs in the renewal of a blue badge, a temporary authorisation, similar to that available to those with short-lived disabilities, could be given until the matters needing clarification or any dispute over evidence are resolved, because, as things stand at the moment, they fall between the gap from the time that they're applying for the renewal until the time it's issued—they have a period where they don't actually have a blue badge. My constituent rightly argues that that would mean that individuals could maintain an acceptable level of mobility while they're waiting for the issue around the renewal to be resolved.

Now, I know that the committee didn't receive specific evidence on the point that I'm raising with you, and so it won't have taken evidence on it. So, I'm just raising it with you now, Minister, asking if you will look at that as part of your review to ensure that people don't fall through the gap when they're going through a renewal of an existing blue badge.

Photo of Caroline Jones Caroline Jones UKIP 5:11, 16 October 2019

I thank the Equality, Local Government and Communities Committee for their report on the blue badge scheme in Wales. I want to place on record my thanks to the clerks and all those who gave evidence during the inquiry into the eligibility and implementation of the blue badge scheme in Wales. I joined the committee towards the end of the inquiry, so I would like also to express my thanks to the former members of the committee for their role during the evidence sessions.

I am extremely disappointed by the Welsh Government's response to our report and recommendations. They initially rejected nine of our recommendations, but have since reconsidered and accepted recommendations 2, 8 and 16 in principle. I would urge the Minister to accept the other six recommendations, particularly as their rejection contradicts the Minister's position during his evidence to the committee. In particular, the Minister's rejection of recommendation 11 is highly surprising, as, during his oral evidence, he stated that it would be more desirable to have statutory guidance in place. I believe this is one of our most important recommendations as it goes to the heart of the problems of the implementation of the blue badge scheme.

I'm sure every one of us in this Chamber has had contact from a constituent complaining about inconsistencies in blue badge applications—applications that should be accepted and would be if the applicant lived elsewhere. The blue badge scheme is a lifeline for those living with disabilities that make day-to-day living that much harder. The last thing our constituents need is local authorities failing to follow the guidelines and denying them their lifeline. Statutory guidance is the only way we will achieve consistency in implementation of the blue badge scheme in all parts of Wales. The Minister knows this and he admitted this in his evidence sessions. So, why then would he reject recommendation 11? The blue badge scheme is a national scheme and there is no room for local interpretation—

Photo of Nick Ramsay Nick Ramsay Conservative 5:14, 16 October 2019

Caroline, will you take an intervention?

Photo of Nick Ramsay Nick Ramsay Conservative

Like you and other AMs, I've received many representations on exactly what you just said—that there's an inconsistency across Wales in terms of the applications for the blue badge scheme. So, I thought that the recommendation for putting it on a statutory basis was a very good idea, so I'd also be interested in what response you get to that query.

Photo of Caroline Jones Caroline Jones UKIP

Thank you very much, Nick. The Welsh Government must get over its reticence to instruct local government, for the sake of the thousands of disabled people let down by the implementation of the blue badge scheme in Wales. The Welsh Government must accept all the committee's recommendations. We must ensure the blue badge scheme application process is fair, swift and efficient. The application process should be offering a lifeline, not yet another hurdle for disabled people. Minister, for the sake of our disabled constituents, please, please reconsider.

Photo of Jenny Rathbone Jenny Rathbone Labour 5:15, 16 October 2019

I was a member of the committee when this inquiry started, but I wasn't on it when the recommendations were drafted, so I'm very pleased to join in on the debate. I think there are several things we need to bear in mind. One is that the more we actually limit the use of cars because of public health issues around air quality or trying to make shopping centres more attractive to people, to pedestrians, we need to ensure that blue badges aren't being used fraudulently to get around these restrictions and to prevent them having to pay for the privilege of using their car on crowded streets. Because in parts of London, the blue badges are changing hands at premium prices on the black market because it allows drivers to park anywhere, and not have to pay to go into the centre of London. So, I think this is a significant issue. Certainly it is there. People with blue badges are advised not to leave their disabled badges visible in their cars, particularly overnight, because otherwise they're simply going to be broken into and the badges stolen. So, we need to ensure that that situation isn't allowed to develop in our cities.

I think that the review is important, to look at the eligibility criteria and to ensure that they're being used logically, so that if somebody is told that they're going to lose their sight in the next few weeks, clearly there is going to be a need for arrangements to be put in place quickly to ensure that their disability needs are going to be met. But at the same time, we have to ensure that we're joining up the dots. I think local authorities need to look at how the provision of a blue badge marries up with the provision of a disabled parking place outside somebody's home, because you can have a car but if you can't then park close enough to where you live, it can be a serious barrier to being able to use that disabled badge. I've got a constituent with an enduring physical disability whose parents are very keen to ensure that their daughter lives as active a life as possible, and this requires them taking her to after-school activities by car, as she would have great difficulty getting her wheelchair on and off a bus and then navigating her way to the venue of the activity. The narrow street where she lives is full of people who are blessed with enough money to have one or even two cars, and fortunately all the neighbours support their application for a disabled parking bay, but this continues to be denied on the grounds that the local authorities visit in the middle of the day, and they inform the family that there's no difficulty parking in the middle of the day—because everybody's used their cars to go to work. But this is not when they need to park. They need to be parking at the end of the day, and their child needs to be able to get into the house without huge complications.

I think, turning to those who cannot afford to have a car, it's disappointing the Welsh Government's rejected recommendation 8, to fast-forward the establishment of joint transport authorities, so that those with lived experience of disability can advise on the best way of meeting the needs of all disabled citizens. That includes those who don't have a car, have never learnt to drive, can't afford a car within their family, but still have disability needs that prevent them simply popping down the shop without having to think about it and make it instead into a whole-day activity. Disability scooters have transformed many people's lives, and it's always wonderful to see elderly people giving a lift to their grandchildren on their scooter. But I also wandered if the Government will give some consideration to the role of electric bikes, which are less unwieldy and can get around corners a lot faster, particularly in crowded spaces, than a disability scooter.

I’m also disappointed that you’ve rejected recommendation 16, because I think even disabled badge holders will contravene the rules. I never stop asking people to move away from the dropped kerb outside my constituency office to enable people in wheelchairs to cross the road. And they say, ‘But I’ve got a disability badge’, and I’m saying, ’You may have a disability badge, but just park a bit further down, so those in a wheelchair can cross the road.’ So, I think that there needs to be a much fiercer system of preventing people parking in disability parking bays who are not entitled to do so.

Photo of Vikki Howells Vikki Howells Labour 5:21, 16 October 2019

I’d like to start by thanking the Equality, Local Government and Communities Committee for producing what is a really excellent report. I’m not a member of that committee, but the issues it covers are of great concern to many of my constituents. And I’d go further to say that for a substantial period of time since I've been elected, helping constituents who've been denied a blue badge has comprised the largest single element within my casework, so I'm really pleased to be able to contribute to this debate.

I’d like to focus on the experiences of people within the Cynon Valley, noting how the report’s recommendations reflect the realities of their lives, starting with recommendation 1. Changes to the eligibility criteria that have occurred are to be welcomed, in my opinion, and as other speakers have said, blue badges are lifelines to enable their holders to access essential services, to enhance their choices and empower them to live independent lives.

It is right that the application process recognises other conditions and diagnoses—that blue badges are available to all who could benefit from them. But I was struck by the evidence given to the committee that this isn’t happening universally. For example, the National Autistic Society Cymru are quoted in the report saying that the potential benefits from including cognitive impairments hasn’t been truly recognised. And this is something that I have seen really strongly within my casework. I've dealt with numerous cases where people with anxiety and other mental health issues have been denied a badge. From my casework, I’d say that this group are disproportionately affected when there appears to be any move towards the tightening up of applications. These are debilitating illnesses that affect people’s ability to function socially, when a blue badge would really help the holder to get out and engage more.

I’ve also been approached by constituents with significant health issues that affect their mobility, such as chronic obstructive pulmonary disease. However, because they strive to overcome their condition, they can be affected because their level of mobility does not meet the eligibility criteria. Neither does it appear to take account of the fact that people with ongoing health problems feel better on some days than on others.

I also have a constituent who told me that they could receive one of the benefits that would automatically entitle them to a blue badge. However, their financial situation meant that they didn’t feel they wanted to apply for that particular benefit. But as a result of not applying for it, they lost out because their application for a blue badge was then automatically turned down. Now, this seems like a ludicrous situation to me, and I think we really need to get the eligibility criteria right.

Similarly, I would support recommendation 2. Some of the most heartbreaking, inexplicable cases that I and my staff have had to deal with have involved terminally ill applicants being denied a blue badge.

Recommendation 13—dealing with renewal—is also crucial. The most frequent reason for people to contact me, as I am sure is the case with other AMs, is for support when an application has been refused. In many of these cases, it has been a renewal that has been turned down, and constituents who had been affected in this way were people with serious, life-limiting conditions who had heldblue badges for many years, whose conditions had not got any better, but, despite this, had been refused the blue badge that they had relied upon. I'll give you just one example. A constituent of mine had a plethora of physical and mental health difficulties, and she'd been using a blue badge for over 20 years. She was denied a renewal on account of her not using a walking stick. The use of a walking stick was taken as evidence of walking difficulties. What wasn’t taken into account, despite lots of medical evidence that had been supplied from professionals who'd worked with her, was the fact that my constituent could not use a walking stick because she was recovering from breast cancer, had had a mastectomy, and had lost the strength that she needed in her arm to actually hold one.

Dealing with appeals, I’d also like to mention recommendations 9 and 10. I would like to see some form of formal appeal process. In Rhondda Cynon Taf, there is such a capacity for unsuccessful applicants to appeal, but many of the cases that I have dealt with are applicants who've been turned down on appeal before coming to me. So despite this process, I think there is still something that is going on.

To conclude, I feel we need to introduce twin principles of responsibility and clarity into this system. It's been more than a little frustrating, when I've raised constituent experiences, when Welsh Government have told me that the problem is how local authorities interpret the guidelines, and councils say the fault lies with how those guidelines are written. The recommendations the report sets out could introduce responsibility and clarity into the system, which will only benefit my constituents' experiences of the blue badge scheme.

Photo of Ann Jones Ann Jones Labour 5:26, 16 October 2019

Thank you. Can I now call the Minister for Economy and Transport, Ken Skates?

Photo of Ken Skates Ken Skates Labour

Diolch, Dirprwy Lywydd. Firstly, may I thank the Equality, Local Government and Communities Committee both for their inquiry and for their report into the blue badge scheme here in Wales? Their report includes 19 recommendations, which I have carefully considered and reflected on. Some of these recommendations will require further work, research and discussions across the four UK nations, whilst others will be subject to early action by officials.

Dirprwy Lywydd, it was good to see the breadth of evidence from a range of parties received by the committee, and I was personally pleased to have been given the opportunity to contribute in order to emphasise how important this scheme is to those who rely on it. In fact, without the scheme, many of the 212,000 badge holders in Wales would be unable to access services and facilities, some would be completely homebound and isolated, and many others would lose their independence. Therefore, we must all take care to protect the rights of current and future badge holders, to ensure that they can continue to enjoy the benefits of the scheme in an environment where there is a finite number of parking spaces.

With respect to the committee's report, I turn first to eligibility. Many of you will be aware that only recently England has extended eligibility for a blue badge to include people with cognitive impairments, specifically people who are unable to leave home due to overwhelming psychological distress or because they are of considerable risk either to themselves or to others. Here in Wales, we've included people with hidden disabilities since 2014, and in particular people who need assistance with all journeys due to cognitive impairments. Wales should be proud to have led the way in recognising that hidden disabilities can have a devastating impact on people's lives and on their mobility. But from the evidence, it is apparent that more work needs to be done.

Wales can also be proud of how we treat eligibility. On a proportionate basis, more people in Wales are issued with a blue badge than anywhere else in the United Kingdom. In Wales, 6.8 per cent have a badge, whilst in Northern Ireland the figure is 5.3 per cent, in Scotland it is 4.5 per cent, and in England it is just 3.8 per cent. However, I do know that the committee questions whether we have gone far enough in extending eligibility. This is a difficult question and requires further consideration.

To that end, my officials have been holding discussions with the other three nations to share information about current eligibility to determine whether there are justified reasons for amending it. I believe that any further changes to eligibility criteria can only be made if there is a solid evidence base to support such changes. I do not wish to reduce the availability of parking concessions to current badge holders, which is nearly 7 per cent of the population. 

Increasing the eligibility criteria in an uncontrolled way and not basing change on sound evidence could dramatically increase the number of badge holders, resulting in pressures on resources and access to dedicated parking concessions, which will undermine the operation and also the credibility of the scheme that we wish to protect. So, it's a fine balance, ensuring that the eligibility criteria in Wales are correct and the valuable parking concessions are protected. 

Photo of Ken Skates Ken Skates Labour 5:30, 16 October 2019

I now turn to the assessment of people applying to the scheme. I think every Member will be aware that it is for local authorities to decide who meets the eligibility criteria, but Welsh Government has developed tools to assist them in their duties. The national online service, the blue badge digital service, led by England, enables online applications and arranges the production and distribution of badges. Welsh Government also funds an independent assessment service. It provides advice and assistance to local authorities when they are unable to make a decision. However, not all local authorities in Wales are using the tools provided by Welsh Government. I have asked my officials to ensure that local authorities are satisfied with the materials and assistance that Welsh Government provide and to work with local authorities on developing any further tools or training. A working group of local authorities and stakeholders has been established, and the first meeting has been incredibly productive. A programme of work is being developed to address the recommendations of the committee's report.

Turning to enforcement, recent exercises in two local authorities have uncovered levels of abuse of the blue badge parking concession scheme that cannot be ignored. In Cardiff, over a period of 12 days between April and June, 15 badges were seized because of misuse. I've personally been astonished and disgusted by the behaviours of those abusing the scheme. Even more astonishing, in Bridgend, over two days of enforcement action, officers targeted a known area, resulting in 16 serious offences, with at least 10 of these progressing towards further enforcement action. I believe that enforcement is key to protecting the concessions for badge holders, and I'm committed to ensuring that further exercises can take place. Enforcement was, in fact, identified by the committee, who recommended that I report to the Assembly next year on the performance of local authorities, and I hope, at that time, we will be able to demonstrate further progress on enforcement across other parts of Wales. Jenny Rathbone, amongst others, rightly talked about the importance of enforcement, and I'd like to just take the opportunity to assure Jenny that we have accepted in principle both recommendations 8 and 16.

Turning to communication, ensuring that the blue badge scheme is respected and also understood will help in the fight against abuse, and the committee made a number of recommendations to improve communications. Work is already being undertaken to review leaflets and guidance associated with the scheme through a work group with local authorities and stakeholders.

The inquiry has brought this valuable scheme to the forefront and has proven to be a healthy reminder of the importance of this scheme, and the importance of controlling misuse. I'm confident, Dirprwy Lywydd, that my response to the committee's recommendations and the steps that I have outlined in my address will achieve a change that is fair for all. And my rejection of some of the recommendations should not, however, be seen as my willingness not to take action via alternative interventions. I've asked my officials to work closely with local authorities to strengthen consistency in their approach to handling rejected applications, and we'll also discuss with local authorities whether they are amenable to the expansion of concessionary parking and, if so, we'll provide support to determine whether there is an opportunity to do so. Officials will continue to monitor the use of current guidance and also look for opportunities to improve its contents and its use.

With regard to recommendation 13, we will, of course, check the effectiveness of the blue badge digital service and will remind local authorities to utilise this function. I'll also examine the specific point raised by Dawn Bowden concerning renewal.

Now, while several of the recommendations were noble in intention, through their implementation, there could be—there could be—adverse consequences that the committee has not been able to investigate, such as the possible consequences of significantly increasing the number of badges in circulation. But I am open to considering further recommendations if they are based on solid quantitative and qualitative evidence. And so, to that end, I will, of course, keep Members updated on discussions relating to recommendations 4 and 11.

Again, can I thank the committee for their inquiry and their report on the blue badge scheme, which benefits almost double the proportion of citizens in Wales as in England? All Members agree that the value of the blue badge scheme must be protected, and that is something that this Welsh Government is determined to do.

Photo of Ann Jones Ann Jones Labour 5:35, 16 October 2019

Thank you. Can I now call John Griffiths to reply to the debate?

Photo of John Griffiths John Griffiths Labour

Diolch, Dirprwy Lywydd. I thank Members for their contributions. Mark Drakeford—sorry, Mark Isherwood—stressed—[Laughter.] It's very difficult to confuse the two, Dirprwy Lywydd—it must be an indication of tiredness, I think. Mark Isherwood stressed the social model of disability in considering these matters, and that's certainly something that came through loud and clear in the evidence that we took in our work as a committee. There's no doubt that that concept of the social model of disability—that approach—must underlie everything that takes place with regard to these very important issues. We know that it is the way that society organises itself, or doesn't organise itself, that's absolutely vital to the quality of life and the ability of people with disabilities to lead the independent life that they rightly aspire to. That really must underpin our consideration of all of these issues.

Dirprwy Lywydd, let me just reflect on the Government's response, which the Minister has just rehearsed and other Members have mentioned. As was said, initially, Welsh Government rejected nine out of our 19 recommendations. We made further points to Welsh Government by way of letter, as a committee, and then a further three recommendations were accepted in principle. We then wrote again making further points, and then, in a further response from Welsh Government, the Minister accepted that there may be other ways of addressing some of those matters.

So, although the committee was disappointed at the initial response, and remains disappointed that not more of the recommendations were accepted, I think it is fair to say that we have had engagement with the Minister and we have seen movement from the Minister, and, indeed, we've had further reassurance today. So, yes, the committee is disappointed, but we have had a dialogue and we have seen some progress.

With regard to Dawn Bowden's point on that particular matter, which Dawn is absolutely right in saying that we didn't have evidence on as a committee—so, where there is a delay in renewal it then takes some time to deal with the matter, in the interim period the badge could continue, allowing the badge holder to continue to enjoy the concessions that it brings. I hear what the Minister said in response and, as a committee, we look forward also to keeping tabs on that.

I think Jenny Rathbone raised some interesting matters in terms of badge holders themselves, perhaps, not always understanding the importance of their behaviour when it comes to disability and people—wheelchair users, for example—using those dropped pavements. Strangely enough, I met with a group from Knighton, who, as a group of people with disabilities—a user group—were very helpful with the committee's work in facilitating a focus group and continue to be keenly engaged. They, in fact, made that very point that Jenny Rathbone made—that it is, in fact, blue badge holders themselves who, in Knighton, too often park to obstruct dropped pavements, and they're continually reminding everyone of those issues.

So, we did talk about awareness-raising campaigns and communication, and, again, that's something that the Minister mentioned. We do need to continually make the appropriate points and try and ensure, as often as possible, that people do understand these issues and behave appropriately. There might be a role for television campaigns and wider awareness raising if we are to be as effective as we need to be on those points.

Dirprwy Lywydd, the Minister, I think rightly acknowledged the importance of these matters and getting the balance right so that we extend the benefits of the scheme as much as possible, but we're mindful of the fact that, if that was to go too far, it would diminish the value of the scheme to existing badge holders and those who will become badge holders under the current criteria. We are cognisant of that balance, and we look forward to the updates from the Minister so that we can assess further whether that balance is being struck appropriately.

Dirprwy Lywydd, I see that my time has expired. Let me just say in conclusion that this scheme really does matter because, as the Minister again pointed out, in Wales particularly, a high proportion of the population are blue badge holders. So, it's absolutely crucial that we get this scheme right. It does make a significant contribution to quality of life for those badge holders here in Wales. 

Photo of Ann Jones Ann Jones Labour 5:40, 16 October 2019

Thank you. The proposal is to agree the motion. Does any Member object? No. Therefore, the motion is agreed in accordance with Standing Order 12.36. 

(Translated)

Motion agreed in accordance with Standing Order 12.36.