This is an interesting development for the European situation.
It is no secret that EASA Pat-MED is a derivation of JAR FCL-3 and that this was widely developed by the UK. The UK led the committee that developed EASA Part-MED and also developed the CAD, a massively flawed test which has NOT been adopted as an approved test under EU Regulation 1178/2011 but which is still used by the UK CAA. To my mind the UK is without doubt the driving force behind the ACPS.
Apart from the direct financial gain from the implementation of the CAD there is indirect financial gain in other areas, which I have personal knowledge of but cannot mention here.
Regardless of whether you think the CAD is a good thing or not and those who have tried it and passed will probably have different ideas to those who have failed, it must also be remembered that a driving force behind the funding for the development of the CAD is now the ICAO Chief of Aviation Medicine, a former CAA Chief Medical Officer.
Therefore, the UK would appear to have vested interests in maintaining the ACPS and also pressing for world wide adoption of the CAD.
The UK has been very careful of its wording of disability discrimination laws (no doubt under the influence of certain parties) and it could be a challenge to include CVD within the meaning of a 'disability' under the Disability Discrimination Act 2005 or the Equality Act 2010. However, during an orchestrated effort a few years back, a (very expensive) meeting with Counsel in London (ironically a few hundred metres from CAA HQ) it was stated that the case was not without merit and that there were a number of avenues that could be explored, including sex and even genetic discrimination.
However, EU discrimination law is not so discriminatory (paradox!) and the following is an excerpt from the EU parliament:
Parliamentary questions
3 May 2012 E-003105/2012
Answer given by Mr Dalli on behalf of the Commission
The Commission is aware of the discomfort and social constraints faced by people with colour blindness. Colour blindness is a handicap, which is affecting about 10 % of the male population. There is no treatment or cure available for colour blindness.
The diagnosis of the disability is routine (Ishihara Test) and belongs to normal childhood physical examinations. The management of healthcare systems is the responsibility of Member States and the Commission does not have any competence to act in this field.
The Commission is addressing disabilities, which also covers colour blindness, in its European Disability Strategy 2010-2020(1). It stresses that persons with disabilities have the right to participate fully and equally in society and in the economy. Denial of equal opportunities is a breach of human rights.
In addition, the issue of colour blindness is addressed in the Information Providers Guide(2), designed for everyone who develops and publishes material on European Union websites. The rules set out in the Guide aim at ensuring a coherent and user-friendly service to users. It is freely available on Europa in English and is a living document which is regularly updated.
The Commission is not considering taking further actions beyond the initiatives set out above.
(1)
European Disability Strategy 2010-2020 - Justice
(2)
Information Providers Guide - European commission
Some EU countries have adopted a far greater inclusive policy towards disability and these countries could very well treat CVD as a specific disability in itself.
My first thought would be that one or more of these countries are identified, then Class One medicals are applied for in those countries, bringing legal action for disability discrimination against any national aviation authority refusing to issue the medical on the basis of CVD. EU Regulation 1178/2011 does not have precedence over other national laws and you only have to remove one card from the tower to bring the whole deck down.
BUT, a big but...have no illusions, you can expect nothing but an uphill struggle - as was made abundantly clear to me personally through the thinnest of veils by a top dog at the CAA several years ago (I won't say who but rest assured a VERY senior person), they have a lot more money and power than us and can drag on a case to the point of bankruptcy. I think the same could be expected of most EU countries, in some of which money talks and corruption is rife.
A lot more digging to do but it's a start............... and now to bed!!
