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Dáil
‹ Leaders' Questions.

Disability rights and services

Summary

Kenny challenged the Government over disabled people’s rights, access to services and whether legislation would make those rights enforceable without funding qualifications. The Taoiseach outlined planned disability and education bills and increased funding and places, acknowledged ongoing problems, and said ministers were negotiating over service concerns.

Today a number of groups representing the rights of those with an intellectual disability took the opportunity to protest outside the gates of Leinster House to highlight the horrendous impact this Government has had on people with a disability. Many of those who would have liked to protest here today were unable to travel because they cannot get respite hours. These people are demanding only their basic rights – a right to adequate health care, a right to access to necessary facilities, a right to educational facilities and, above all, a right to equality of treatment. The Government has equivocated on this matter for too long. Last year it withdrew the disabilities Bill. It promised there would be two Bills in the House debated together and now the disabilities Bill has been put on the long finger.

The Minister for Justice, Equality and Law Reform has turned his back on the proposed UN convention on the rights of the disabled. Is it not time, in this the European Year of the Disabled and with the Special Olympics almost upon us when the eyes of the world will be on Ireland, the Taoiseach spelled out what the Government intends to do in respect of rights for the disabled? Will the Taoiseach avail of this opportunity or will he tell the House and all those interested in this sector, who have been so discriminated against, that he will enshrine in law rights for persons with disabilities and that he will do so at the earliest opportunity?

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It is the intention to try to pass two legislative measures this year – the disabilit ies Bill and the education for persons with disabilities Bill. The education for persons with disabilities Bill is almost ready. As soon as that Bill is completed, we hope to move on to the disabilities Bill. During the past 12 months consultation has taken place with many of the bodies and organisations and the Bills have been substantially amended and improved. Work on the disabilities Bill is not finished but the work on the education for persons with disabilities Bill is finished and it is being drafted. It is hoped that will come before the House.

On the issue of funding, this is a difficult year. During the past five or six years there has been an unprecedented level of investment in the health funded services for people with disabilities. I have said many times that is as it should be. Unfortunately, it was an area—

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It has stopped.

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No. We maintained the high level we had reached. Additional funding amounting to €555 million has been invested in these services during the past few years. This has provided approximately 1,700 additional residential places which are based mainly in the community. During the past three years, approximately 465 extra dedicated respite places have been provided.

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Is the Taoiseach saying there is no problem?

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In addition, almost 3,000 new day care places have been provided. I have also listened to what the people with disabilities have stated. We are not saying there is no problem. We are saying that in the past few years we have brought the services and the expenditure on an ongoing basis up to the levels I have just mentioned from a very low base. We have to try to continue to improve those services as resources permit. Additional resources have been provided this year. The number of persons with intellectual disability or autism resident in hospitals at the end of last year was almost 500. That number is down on previous figures. Obviously, the improvement is having an impact.

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They were sent home.

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Preliminary information in the report of the national intellectual disability database, which is being finalised, indicates a substantial increase in those accessing services, particularly residential and respite services. That is a good thing. To answer Deputy Kenny, the Government has increased the level of funding—

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There has been a 40% cut in residential places. That is the real world.

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Rory O'Hanlon An Ceann Comhairle Fianna Fáil

Deputy McGrath is not the leader of the Fine Gael Party.

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—by an enormous amount this year and we will try to move it on again.

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I am not sure that the Taoiseach understands the vehemence of the message from those outside this House in this regard. People want the legal ability to vindicate their rights because they have no confidence in the Government to deliver services for them. Will the statement of rights be hedged around qualifications about funding and will the adequacy of funding be allowed to be questioned in court? Why is it that so many cases now have to go to court at great cost to vindicate people's rights when a judge has said this is a wasteful use of good money? How does the Taoiseach react to a letter received by a parent of an 18 year old with a mental age of six months who was told this week "there will not be a day service for your daughter in September"? What kind of conscience has a Government that can send out such a letter to any parent who has given day and night, over many years, to deal with this issue? Some 400 individuals with severe learning disabilities are placed in unsuitable long-stay facilities.

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Rory O'Hanlon An Ceann Comhairle Fianna Fáil

The Deputy's time has concluded.

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These people see a Government pulling €42 million out of the drawer to save a Minister last week, a Government that proposes to spend huge amounts of money on a jet—

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Paul Connaughton Mr. Connaughton Fine Gael

Two jets.

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—and a Government that is dealing with the fund for dormant accounts where €165 million has been lodged, which moneys could be diverted to deal with this issue. Does the Government intend to enshrine in law rights for disabled people and will the adequacy of funding for that be hedged with qualifications?

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Rory O'Hanlon An Ceann Comhairle Fianna Fáil

The Deputy has gone well over his time.

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This kind of letter is absolutely appalling in this day and age when this country has come through the best financial years it has ever enjoyed. It is an appalling disgrace.

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Paul Connaughton Mr. Connaughton Fine Gael

We want straight answers now.

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The Deputy has asked three questions, the first of which was on legislation. I hope we will have both the education for persons with disabilities Bill and the disabilities Bill, two Bills which have been well discussed and debated with all those involved in disabilities. An enormous number of people put in a huge effort in the past 12 months to make these good legislative measures. When passed by this House, I have no doubt there will be a huge improvement.

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Olivia Mitchell Ms O. Mitchell Fine Gael

Will the Bills be rights-based?

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I hope we can also get away from a position where we are talking about legal action. The people I meet with disabilities up and down the country want the service improved—

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Olivia Mitchell Ms O. Mitchell Fine Gael

Will the Bills be rights-based?

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Rory O'Hanlon An Ceann Comhairle Fianna Fáil

Deputy Mitchell is not the leader of the Fine Gael Party.

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—and resources and staff provided. That is the main issue.

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No rights.

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Deputy Kenny correctly stated that there are still persons with intellectual disability or autism resident in psychiatric hospitals. Last October the number was 450 which is down from 1,000 in 1996. We are making substantial improvements in that area and it is the Government's intention to continue to do that. The Government, under both the former and the present Ministers for Health and Children, Deputies Cowen and Martin, has in a dedicated way continued to reduce the figure from the high figure of 1996 and earlier to the present level.

In spite of all the difficulties faced, the Government has continued to put substantial resources into this area and is committed to continuing this. Deputy Kenny mentioned a particular case. I, too, have seen letters like this one. The Government is not trying to take away existing positions for those who are trying to access the educational system in September.

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Paul Connaughton Mr. Connaughton Fine Gael

That is what it is doing.

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That matter has been under negotiation between the Minister for Health and Children, the Minister of State at the Department of Health and Children and the agencies and I am sure they can resolve that issue.

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