October Council Meetings – ETS and the Disability Discrimination Act
Another busy weekend of Committee and Council meetings saw many changes and proposed changes to take the sport forward. One of the key talking points was the work that the President and Vice Presidents had undertaken over the summer, looking at the implications of the Disability Discrimination Act for pigeon racing. Their meetings in the summer had looked at the legal advice we had received concerning the Act and information from the ETS companies on costs etc. I was a little surprised that one or 2 Region representatives came to the Council meeting mandated by their Regions not to allow ETS at any cost, and this before they had even heard the recommendations of the President and VPs! After hearing the outcome of the President and Vice Presidents consultations Council agreed by a majority vote to take the matter back to Regions and that any changes to rules affecting ETS introduction should come through an AGM proposition in February.

I am not sure that this will be enough. Let me make something quite clear. The RPRA HAS to do something. It is a legal requirement. So let us look at the options and the facts. I stress facts because you the fancier will have to make a judgement on whether this is the correct course of action and what we as an organisation will need to do.

FACT 1 – The Disability Discrimination Act (the DDA 1995 (the Act)) makes it unlawful to discriminate against disabled persons in connection with employment, the provision of goods, facilities and services or the disposal or management of premises. On 4 Dec 2006 an amendment to the Act will be introduced to cover private members clubs with 25 members of more. That means the RPRA.

FACT 2 - Under the Act a person has a disability “if he has a physical or mental impairment which has a substantial and long term adverse effect on his ability to carry out normal day-to-day activities”. So, you don’t just have to be in a wheelchair, or be an orange badge holder etc. Disability is as broad as it is long.

FACT 3 – Rickerbys, the RPRA’s Solicitors, have stated that the RPRA does have an obligation to consider whether it would be reasonable to adjust the current practice of timing in. However, it does not necessarily mean that we would have to allow ETS for disabled members. It is a question of whether it is reasonable for us to do so. It may be possible to review participation by disabled members as an alternative to ETS, i.e. giving assistance or a time allowance. However, if this was not reasonable or feasible then it is more than likely that ETS would meet the obligations of the Act.

FACT 4 – The President and VPs made 4 recommendations

• a. Introduce ETS for disabled members.
• b. Introduce ETS for all the membership.
• c. Review how disabled fanciers can be assisted as an alternative to ETS if this is within the scope of the Act.
• d. Do nothing.

FACT 5 - it will be illegal to discriminate against a disabled person ‘in the way it affords him access to a benefit, facility or service’ and ‘by refusing or deliberately omitting to afford him access to a benefit, facility or service.’

FACT 6 – it is no good therefore for Regions just to discount introducing ETS. If you do not want ETS then you will have to come up with a suitable alternative to assist disabled fanciers. No change is not an option.

I have heard comments that ‘ETS can’t be used because it’s not in our rules’ and ‘disabled people have had to manage up to now so what’s different?’. Well this. Whether ETS is a currently acceptable or not it is definitely a benefit, facility or service that will aid a disabled person. End of story. But as our solicitors have said if an alternative to ETS can be introduced then that may be acceptable. The President and VPs did suggest having a helper to assist a disabled fancier timing in but the very first time that the assistant does not turn up for any reason the disabled fancier will be discriminated against. Provision of stall traps may be another solution but I would suggest that the cost to the RPRA of that would be prohibitive. We just do not know how many disabled fanciers we have and look again at the definition of a disabled person.

Frankly, I do believe that we are making mountains out of molehills. The DDA requires us to make allowances for disabled people. Unless someone comes up with a viable alternative to ETS then there is, as far as I can see, no alternative but to introduce it.

Other Committee Deliberations
In the Performance Enhancing Drugs Committee we heard that 46 tests all proved negative. In the man these were pre race tests and in my opinion is the right way to proceed but the Committee suggested that we also look at alternative methods of drug testing with perhaps forensic laboratories.

The BHW Management Committee heard that the paper is very buoyant and that Steve Richards had done an excellent job since taking over the editor’s role last year. In discussing who to invite to the dinner at Blackpool it was voted to invite the DEFRA Chief Vet, Dr Debby Reynolds. This would give us a great opportunity to show the senior DEFRA official what we are all about.

The Future of the Sport Committee was pleased to welcome a young fancier Richard Sanderson to the meeting to hear his views. It is hoped that after the disappointment in the number of young fanciers turning up to YFs event at Blackpool, we can pull the stops out for them in 2007 and Richard had some ideas on this. The RPRA One Loft Race was deemed to have been a great success and made a small profit that will go into a future of the sport fund (for events such as the YFs at Blackpool). Council gave the go ahead to run the race for another 3 years subject to discussions with the Davies’ and the entry form for the 2007 race will be issued shortly. Regions will once again have 2 school entries sponsored by the FOS.

The Finance meeting heard that the RPRA at the Reddings is likely to be in the red this year due in the main to AI to the tune of around £45k to £50,000. I once again asked that we have an appropriate membership fee that would mean that I can utilise the office equipment we have and using staff more efficiently. It is crazy in this day and age to employ someone to stuff envelopes when they could be doing your transfers etc. It was agreed to put to the AGM that RPRA membership cost £10 per member, £7 of which comes to the Reddings and £3 to the Regions, this to take effect from February 2008. Before everyone shouts that this is too big an increase it will mean that I will be able to provide transfers and postage free of charge, along with partnerships, and change of address notices, currently £3.50 a time. If you were actually to see the thousands upon thousands of cheques that we have to staff here each year for ridiculously small amounts, usually £1, then it would make your eyes water. With the exception of foreign ring transfers going up to 75p each from 1 January 2007 (and these will not fall under the free transfer system) all other prices were held ...again!

In the Clock committee they acted on a letter about T3 clocks with a flapper cover. These clocks are not approved for competition.

In Council there was a lot of debate about AI. The Welsh Region wanted funds made available in case we needed to seek expert opinion and this was approved. Council showed their appreciation of Pat Mitchell and my dealings with DEFRA this year. It had not been easy at times but, with the exception of no young bird racing from France, I think under the circumstances we got a good deal. I did advise Council however that we will not be complacent for 2007. I have already drawn up a general licence of what we would want to see in 2007 and that categorically is racing from Pau, Tarbes and Barcelona etc for everyone. I have also drawn up a press release that I intend to issue in the next few days to highlight the serious situation both the RPRA and our organisations are in financially this year due to DEFRA licence restrictions. I hope that DEFRA will sit up and take note.

The New Animal Welfare Act
DEFRA has announced that new measures to stop the commercial sale of animals at pet fairs will be introduced under the Animal Welfare Bill, Following a judicial ruling on pet fairs the Government has decided to review its plans to regulate these events. While commercial sales of animals will be banned, there will be exemptions in the cases of koi carp, racing pigeons and poultry. These will need to be licensed by the local authority. As before, pet fairs that do not involve the sale of animals, or that do involve the sale of animals but not in the course of a business, can continue without the need for a licence.

Personally I welcome these new measures. I have been involved with DEFRA over the last couple of years on this topic, providing them with our input and information and as recently as September this year, and am pleased that our lobbying has paid off. Not every organisation involved in the consultation process such as the Parrot Society, small mammal breeds and reptiles have been so fortunate. Currently there is too much interpretation in the present Act as to whether local Councils have to licence shows etc. Now we have a definitive decision and we will all know where we stand. The new proposals on pet fairs will be issued for full consultation before they go before Parliament with a likely introduction of 1 April 2007.

Peter Bryant
General Manager
The Royal Pigeon Racing Association