'

[Irl-dean] All this Directive stuff

brendan spillane brendan at ilikecake.net
Fri Feb 24 14:33:23 GMT 2006


Hi Tim



Are they professing to be accessible and therefore lying?



As to a response, the treat can often be enough to at least make them give
you a time frame for action.



I would try to get in contact with someone in management a communication
officer or the person who is responsible for the website. Irish Rail is a
large company maybe they have a disability officer?



Maybe mantion that you are planing to speak to the equaility authority, this
may force management to make the IT department act as they wont want hassel
on their desk.



Brendan


On 24/02/06, Tim Culhane <tim.culhane at criticalpath.net> wrote:
>
> Hi guys,
>
> As some of you might know  the latest  updates to  Irish Rail's website
> at
>
> www.irishrail.ie
>
> Have resulted  in the complete inaccessibility of their online timetable
> system  for those using screen readers.
>
> I have complained to Irish Rail, but so far haven't received any
> acceptable  response from them.
>
> Basically they have acknowledged the problem, but say that their IT
> department is very busy so  will only get around to sorting the problem out
> when they can.
>
> Obviously this means  that they have no intention of fixing the problem
> any time soon.
>
> Since they are bound under sections 26 and 28  of the disability act to
> make their  services a ccessible,  does that mean I can complain  to the
> ombudsman?
>
> I was planning to ask the equality authority   too take a case against
> Irish rail.
>
> Which approach would people advise?
>
> Thanks,
>
> Tim
>
>
>  -----Original Message-----
> *From:* irl-dean-admin at list.eeng.dcu.ie [mailto:
> irl-dean-admin at list.eeng.dcu.ie] *On Behalf Of *Stephen N. Bonnlander
> *Sent:* 24 February 2006 13:43
> *To:* irl-dean at list.eeng.dcu.ie
> *Subject:* RE: [Irl-dean] All this Directive stuff
>
>
> That's legalese (my apologies!) for saying: "You can complain first to the
> public body where you found a fault in implementing the accessibility
> requirements of the Act (effectively Sections 25, 26, 27 and 28), and if you
> are not satisfied with their response, you can take your complaint to the
> Ombudsman and they will investigate."
>
> I understand from my colleagues that implementation is ongoing.  That
> said, all of these provisions have only been in force since 31 December
> 2005, a little more than six weeks, so for public bodies, including the
> Ombudsman herself, it is early days.
>
>
> Stephen Bonnlander
> Disability Equality Unit
> Department of Justice, Equality and Law Reform
> Bishop's Square
> Dublin 2
>
>
>
>   *"Mark Magennis" <mark.magennis at ncbi.ie>*
> Sent by: irl-dean-admin at list.eeng.dcu.ie
>
> 24/02/2006 13:05   Please respond to
> irl-dean at list.eeng.dcu.ie
>
>    To
> <irl-dean at list.eeng.dcu.ie>  cc
>   Subject
> RE: [Irl-dean] All this Directive stuff
>
>
>
>
> This sounds positive Stephen, but could you clarify what you mean by "a
> complaint lies to the Ombudsman for lack of implementation"? What hasn't
> been implemented, who has complained and what is being done about it?
>
> Thanks,
> Mark
>
> -----Original Message-----
> From: irl-dean-admin at list.eeng.dcu.ie
> [mailto:irl-dean-admin at list.eeng.dcu.ie] On Behalf Of Stephen N.
> Bonnlander
> Sent: 24 February 2006 12:29
> To: irl-dean at list.eeng.dcu.ie
> Subject: Re: [Irl-dean] All this Directive stuff
>
>
>
> Hi all,
>
> thanks for the emails on the EU Directives - to clarify: Gerry and Mark
> had communications with the Department of _Finance_ rather than the
> Department of Justice, as they well might - it is for the Department of
> Finance to set overall procurement policies for the public sector.
>
> However, in light of the fact that Section 27 of the Disability Act 2005
> also deals with accessibility in procurement of goods and services, I
> have forwarded those mails to colleagues who work on the implementation
> of the Act.  Regarding Part 3 of the Disability Act, of which S. 27 is a
> part, a complaint lies to the Ombudsman for lack of implementation.
>
> Hope this helps,
>
> Stephen Bonnlander
> Disability Equality Unit
> Department of Justice, Equality and Law Reform
> Bishop's Square
> Dublin 2
>
>
>
> "Mark Magennis" <mark.magennis at ncbi.ie>
> Sent by: irl-dean-admin at list.eeng.dcu.ie
> 24/02/2006 12:02 Please respond to
> irl-dean at list.eeng.dcu.ie
>
> To<irl-dean at list.eeng.dcu.ie>
> cc
> Subject[Irl-dean] All this Directive stuff
>
>
>
>
>
>
>
> Dear all,
>
> In case anyone on the list is wondering what this Directive stuff is all
> about (it's taken me a couple of years to reach even a limited level of
> understanding) and why it's important, here's the situation in a
> nutshell.
>
> Up until now, in Ireland there has been little or no legislation that
> enforces accessibility of ICT products and services, such as Web sites.
> Even public policy has been very much on the level of lip-service.
>
> The situation is just about to change significantly. Gerry's post
> highlighted the imminent signing into Irish law of two 'statutory
> instruments' based on two recent EU public procurement Directives. An EU
> Directive basically says to EU member states "you've all got to do this
> now" and usually requires each state to pass or amend some law or other.
> There are other levels of EU statements like Communications for example,
> but a Directive is the biggie. It's an order.
>
> These two statutory instruments will be signed into Irish law within the
> next few weeks. After that, all public bodies will be legally bound to
> follow certain procedures when procuring goods and services. These
> procedures include taking accessibility for people with disabilities
> into account. We hope (and hence Gerry's email to the Dept of Justice
> and my follow-up email) that the instructions for taking accessibility
> into account will be effective and unequivocal. However, we're talking
> about legal language here, so it's difficult enough even to read the
> things, let alone be sure what they can be said to mean in practice.
>
> That's where my understanding ends (corrections or clarifications
> welcome). Can someone explain to me, if a public body doesn't follow
> this new law, what can we do about it? I know there was some hoo-ha
> around the Disability Bill that perhaps it didn't actually allow anyone
> to get sued for ignoring it. Is that situation any different with these
> two statutory instruments?
>
> If you want to keep up on the current situation, CFIT has a page about
> Irish legislation and policy which we update whenever anything changes.
> Go to www.cfit.ie/accessibility/accessibility_law_policy.html.
>
> Mark
>
>
>
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