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Dáil
‹ Leaders’ Questions.

Rights-based disability legislation

Summary

Rabbitte asks whether the disability Bill will be rights-based and allow people to enforce access to services and education. The Taoiseach points to appeal mechanisms and says the legislation will address assessment of need and service statements, while noting concerns about creating legal or constitutional rights.

I apologise and I agree. Will the disabilities Bill be rights based as committed to by the Taoiseach? It is a simple question. Will the Bill be published before or after the election but, most importantly, is it rights based? Does it give people affected the right to enforce access to different services and education?

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The answer is "No".

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There are two answers. There are 1,700 additional residential places, which answers the first question.

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There are 3,000 people on the waiting list.

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I am not saying there is no one on waiting lists or that the age profile does not bring in more people but there are additional places.

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Not this year.

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Rory O'Hanlon An Ceann Comhairle Fianna Fáil

Allow the Taoiseach to speak without interruption.

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Which question am I answering now? It is very hard to know. Deputy Rabbitte gets a minute to ask me a question but I must answer six people.

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Jim O'Keeffe Mr. J. O’Keeffe Fine Gael

Will the legislation be rights based?

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That is the question.

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I do not wish to cite figures only but we are spending €1.2 billion on the service which I assume is being used for something. I assume the staff, whose numbers we continually increase, are doing something. The legislation gives a right to people if the system fails them to appeal to the end position. However, I am conscious that NESC and others have said the legislation should not try to achieve legal certainty or constitutional rights although those appeal mechanisms exist. We should be trying to achieve assessment of need, service statements in redress, genetic testing, public service employment and try to give people the services they need, not just their legal rights. The legislation does that very well and it gives them the right to appeal.

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