The Scottish Government

Concordat between DPTAC and MACS

Introduction

1. This concordat is made between the Disabled Persons Transport Advisory Committee (DPTAC) and the Mobility and Access Committee for Scotland (MACS). It covers the working relationship between the Chair and Convenor, Members and Secretariats of both bodies. This concordat is a voluntary arrangement between DPTAC and MACS. It creates no legally enforceable rights or obligations.

Objective

2. DPTAC and MACS are statutory bodies committed to bringing about an end to the discrimination that disabled people face in respect of transport services. The objective of this concordat is to promote clear communications and effective working relationships between these two bodies. Where there is overlap in our activities, the concordat should ensure that our work is complementary.

Areas of work

3. In order to simplify the work of both committees, the work undertaken by each committee will, as far as possible, reflect the legislative competence of its sponsor department. This means that in general:

• DPTAC will deal with all issues which are reserved to Westminster, and will not deal with devolved issues so far as they relate to Scotland;
• MACS will deal only with issues that are devolved to the Scottish Parliament.

4. Where DPTAC wishes to comment on an issue devolved to the Scottish Parliament, or where MACS wishes to comment on a reserved issue, each will normally do so by sending comments to the other body. The body receiving the comments will then consider incorporating them into its own representation. The Committee offering comments in this way would expect to see a full draft reply before it was issued. In the event that the receiving body decides not to incorporate such comments, the other body shall have the right to make a separate submission.

Implementation

5. In relation to transport matters DPTAC and MACS:

• Will invite each other's Secretariat and Member observers to principal meetings, these being DPTAC and MACS Main Committee meetings;
• May invite each other to nominate Members to working groups, research steering groups, or other ad?hoc arrangements concerning areas of mutual interest. These invitations could be for a limited time, or in respect of certain topics only;
• Will ensure regular communication between officials to share information and promote co?ordination;
• May copy the other body in on correspondence to Ministers and senior officials, where the content is relevant to the other body's responsibilities;
• May share information, analysis and research, where such arrangements would be of mutual benefit;
• Will inform each other of any relevant information, such as consultation requests, that comes to their attention. This will be done where it appears that the request may require action by the other party, but does not appear to have been referred to them;
• Will seek to involve each other, where appropriate, in policy advice on topics that affect the other's responsibilities; and
• Will inform each other at the earliest practicable stage of substantive public announcements that may be relevant to the other's responsibilities.

6. DPTAC and MACS will consider the scope for co­ordinating the preparation of published guidance. This will be with the aim of ensuring that guidance is consistent where possible. DPTAC and MACS will also consider whether to issue respective guidance as a joint package. The aim will be to ensure clarity, and to avoid confusion, for those to whom guidance is addressed.

Interpretation

7. While DPTAC and MACS will exchange information about a wide range of issues, this concordat is not intended to be an exhaustive description of every aspect of the relationship between the bodies.

8. This concordat is framed in terms of the interface between DPTAC and MACS; it is not intended to imply that communications on issues covered by the concordat should not also involve other bodies.

Confidentiality

9. DPTAC and MACS will not disclose each other's unpublished information to third parties without the permission of the other, subject to the requirements of the law and other obligations.

10. DPTAC or MACS may offer Government departments confidential advice on sensitive policy areas may from time to time, where requested.

Review and renewal of concordat

11. DPTAC or MACS may propose alterations to this concordat at any time. Annexes may be added, removed or amended separately from the main section, as and when the need arises, by agreement between the DPTAC Chair and the MACS Convenor. This concordat will be reviewed annually.

Published: 25 January 2005