Disability rights legislation
Ó Caoláin asked when the withdrawn disability legislation would be replaced and whether it would meet the sector’s needs, challenging the Government’s approach as insufficiently rights-based. The Taoiseach cited the Education for Persons with Disabilities Bill, ongoing work on a wider framework and increased funding, while disputing Ó Caoláin’s account of the consultation group’s role.
I would like to avail of this opportunity to extend my sympathy to Brian and Rosemary Sheridan and their family on the death of little Frances, whose funeral mass is just about to begin in Cootehill.
The Government published a disabilities Bill in 2001. The Bill was totally inadequate and caused not only concern and disappointment, but real anger among people with disabilities, theirrepresentative organisations and the wider public. Such was the level of protest that the Government was forced to withdraw the Bill and establish a consultation process that included the establishment of the Disability Legislation Consultation Group. This body, comprising umbrella groups representing the different sectors within the area of disability, published its report, Equal Citizens, in February 2003. The report was a substantial contribution to the preparation of the new disability Bill. The report calls for legislation that enshrines two particular points: positive rights that are enforceable by individuals; and duties and requirements on public and private bodies providing services to the public aimed at removing barriers to full participation of people with disabilities in Irish society.
It is now 12 months later and we still do not have this legislation. It was promised for the last session. In her press release the Chief Whip has said the disability Bill is the flagship legislation for this session. It states, "Disability Bill top of legislative agenda as Chief Whip announces programme for next Dáil session". What is the position with this Bill? Is the Taoiseach aware that disability groups, organisations and the wider sector have expressed real concern that the legislation soon to be introduced, falls significantly short of the rights-based legislation required by the disability sector and demanded by wider society. Only last week the Taoiseach told the House that the further delay in the publication of this long overdue legislation was because the Disability Legislation Consultation Group had yet to make further responses. I have noted since that answer, that the group has refuted that claim by the Taoiseach.
Comment on this
We cannot have aseparate Standing Order for the Deputy. The Standing Order allows for one minute but the Deputy has already spoken for more than two minutes.
Comment on this
With all due respect to the Chair, I would hope the same time would be afforded to me as to others who have asked questions of the Taoiseach. Will the Taoiseach answer the question? What is the current position of this Bill? Will the Bill measure up to the needs of the disability sector?
Comment on this
It is the Government's intention to put in place a framework that will ensure the most effective combination of legislation, policies, institutions and services to support and reinforce equal access for people with disabilities. A number of issues have to be dealt with, some of which Deputy Ó Caoláin has mentioned. An important Bill that has been widely welcomed is the Education for Persons with Disabilities Bill 2003 which is before the House. Intensive work is continuing in the Department of Justice, Equality and Law Reform on the preparation of the remaining parts of the framework for publication of the disability Bill as soon as possible. We hope to provide a disability Bill which will address assessment of needs, service statements, redress, access and sectoral plans across a number of areas, public service employment, genetic testing and a centre of excellence in universal design. We have had prolonged discussions with various interested parties, particularly the Disability Legislation Consultation Group, whose members have given much of their time. I have had two lengthy meetings with them and they have had several meetings with officials. We have outlined the sectoral plans for the key public service sectors.
A third Bill, the Comhairle Bill, is also part of this process. The disabilities group wants this Bill which provides for an advocacy service and sign language interpretation facilities. These were provided for in the 2001 Bill, but will now be in this separate Bill. There have been ongoing meetings since Christmas.
I want to acknowledge the work of the Disability Legislation Consultation Group. I acknowledge also the work of the officials in the Office of the Attorney General, the Department of Justice, Equality and Law Reform and other Departments who have worked four weekends in a row. There have been direct consultations with the groups as we want to try to avoid a repeat of the troubles in 2001. We want to share information and listen to what the disability groups have to say. It may not be possible, as always in legislation, to go the whole way, but we will go as far as we possibly can to satisfy their concerns. We were able to resolve the issues in the Education for Persons with Disabilities Bill 2003 and we will do our best with this Bill.
Comment on this
Will the Taoiseach confirm to the House — contrary to what he stated last week — that the Disability Legislation Consultation Group is not contributing to the delay in bringing this legislation forward? Will he acknowledge that the debacle on the disability Bill is coming at the end of the European Year of People with Disabilities, a year in which people with disabilities had to take to the streets to protest in support of their rights? Does he agree that at the heart of the problem regarding the disability Bill is a culture in Government that is opposed to any rights-based legislation of any kind? That malaise rests at the Cabinet table and was epitomised as never before by the national embarrassment of the legislation presented recently, the Immigration Bill, which stated that there were grounds for the refusal of entry to this country of people with disabilities. While the Government had to climb down on that issue to some extent, let us make no mistake the message was heard and noted and people recognise that the problem is at the Cabinet table, where a majority is opposed to rights-based legislation. It is time the Taoiseach weeded out those people and facilitated those who will take the decisions in the interests of people with needs.
Comment on this
The Education for Persons with Disabilities Bill 2003 is already on Committee Stage and is acknowledged as one of the best education disabilities Bills in the world. Additional funding of €650 million has been invested in disability services in the past number of years. This includes money that was made available last year and additional expenditure in this year's budget. Additional emergency places have been provided for services for school leavers to enhancerelated services for long-term cases and day care cases.
I did not state last week that the disability group was responsible for the delay, I said it was involved in the consultation process and that is helpful. We could bring in a Bill without consultation, but we would rather have consultation. We provided an additional 1,700 residential places for people with disabilities in recent years. We have also increased resources for those with intellectual disabilities or autism. I think Deputy Ó Caoláin's statement may have been relevant seven or eight years ago, but a great deal has been done for groups with disabilities, but there is more to be done. As I stated at the outset it is not only legislation, but capital investment and resources for services, which we are continuing to build upon after decades of neglect. I think we are doing a good job——