Last night up to 700 people with disabilities, their families, their carers and their advocates attended at the RDS to express their anger and frustration at what they perceive to be shortcomings in the Disability Bill 2004. In addition to the anger and frustration they expressed, there was a distinct feeling of having been through this previously. They thought, when the 2001 Bill was withdrawn and the Disability Legislation Consultation Group was set up, that the Government was involved in genuine dialogue with the various groups and the representatives of the disability sector. The legislation produced in September 2004 bears little resemblance to what the members of the group thought they were helping to frame in consultation with the Government.

This Bill has been described as fundamentally flawed by many groups, including the Human Rights Commission. The definition of disability is so restrictive that it almost certainly excludes from its provisions persons with mental illness and those with disability who need episodic as distinct from continuous service. What should have been landmark and progressive legislation is now perceived as regressive and excluding.

In the The Irish Times this morning, the Minister of State at the Department of Justice, Equality and Law Reform, Deputy Fahey, stated he would be happy to respond in writing to submissions. Given that the Disability Legislation Consultation Group sent recommendations to the Department last October, why has it taken the Department until now to give an answer? Will the Taoiseach see to it that the correspondence is comprehensively and fully dealt with?

The Second Stage speeches, particularly of Government representatives, were largely self-congratulatory in tone. The Taoiseach did a good day's work yesterday in dealing with the issue of the release of the killers of Detective Garda McCabe. We discussed at some length in this House the breach of trust by the republican movement. What has dragged on here for seven years in terms of the disability sector is a national breach of trust by the Government and the Taoiseach has a responsibility and the authority to ensure that it is sorted out in the interests of that sector.

The Bill is still before the House. It has not yet passed Second Stage. Discussions are ongoing. The Disability Legislation Consultation Group has been very much involved in the process over a number of years. I have attended a number of meetings with the leadership of the movement and we have discussed the framework for the Bill extensively. The remaining issue of concern prior to Christmas was funding and how we would roll that out on a multi-annual basis. We have dealt with that.

In our discussions the groups involved, who I find to be reasonable people, put forward various cases. I will examine the issue of the letters which was raised by Deputy Kenny. However, it is good legislation. In framing it we examined models in other parts of the world, in Australia, Canada, New Zealand, the United States of America, the UK and in different parts of Europe, and our legislation is very progressive.

There are demands from some people for some kind of rights based legislation that is lawyer driven, but such legislation does not exist anywhere in the organised world and neither would it be appropriate. Our strategy is rights based but it is not lawyer driven. Under the approach we have adopted people are entitled to an independent assessment of their needs, for which they have fought for many years, and I totally understand why they did that. There is a statement of services to which they are entitled. There is access to an appeal system to deal with complaints regarding the assessment of the service. If a service statement is laid out and people are not getting the service, there is an appeals process to deal with it. There is ultimate access to the courts to enforce the decisions of an independent appeals process. That is a very strong and significant power. There are transparent multi-annual funding commitments for current and capital spending and, most important, there is a clear and transparent sectoral commitment to provide for the needs of people with disabilities.

The Government's approach has been to develop a really good, powerful, strong, well resourced and clear Bill, which is welcomed by everybody. There is also the Comhairle (Amendment) Bill 2004 and the six outline sectoral plans in the key departmental areas, something for which the disability lobby groups and organisations have fought over many years. There is also a commitment to funding not only for this year but until the end of the decade.

I accept there are still issues the relevant groups want considered when we are amending the Bill. The Minister of State, Deputy Fahey, has already discussed these matters with me and with the Minister for Finance and we will respond on them.

The Taoiseach could not have been at last night's meeting but I am sure he had representatives there. If all of the matters the Taoiseach has mentioned are included, why is there so much frustration, so much anger and a feeling of having been let down on the part of so many of the people who are involved with disability groups, who are carers or advocates, or who have family members who are affected?

Is it correct that the Taoiseach stated he does not favour rights based legislation?

I do not favour rights based legislation that is lawyer driven.

Is there another kind?

Most things in this country are lawyer driven. Does the Taoiseach favour rights based legislation that is not lawyer driven?

Yes.

The definition being accorded to disability is not clear. Does it mean that episodic treatment, or treatment on an occasional basis as distinct from continuous treatment, will be available to persons who require it? Can the Taoiseach confirm that the entire mental health area will be included? It appears as if the legislation excludes thousands of people who feel they should be included in legislation of this nature. I understand the Irish Human Rights Commission issued a statement some time ago to the effect it does not support the Bill. Perhaps the Minister of State at the Department of Justice, Equality and Law Reform, Deputy Fahey, would be good enough to call in the different groups for a face to face interaction on their concerns and frustrations. I am sure he is sufficiently concerned to do that.

On the issue of episodic treatment, if the assessment of needs say it is required that is covered. The Deputy asked me to clarify the rights based issue. We have said all along that the strategy is a rights based approach but it is wrong that the ultimate system is to get a person who has a disability into court in order to get his or her assessment of need. I have met many of the groups——

They have rights but they are not enforced.

The Taoiseach without interruption, please.

The strategy is rights based.

They are not enforced.

This is Leaders' Questions. The Taoiseach is entitled to be heard in silence in the same way as Deputy Kenny when he was putting the question.

We are fed up of the courts. I was there last night.

The Deputy will leave the House if he does not behave himself.

Deputy McGrath is right because that is the issue. What we are endeavouring to do in the legislation is to provide for an independent assessment of needs where a disabled person can be assessed independent of the system.

They can go and go and go.

When I want to give an answer the Deputies will not listen. There is a statement of services to which they are entitled, there is access to an appeals process to deal with complaints about the assessment of service, there is ultimate access to the courts if that is required——

There is not, they are barred.

Yes, there is.

I ask Deputies to remain silent.

In regard to the transfer of the multi-annual programme, we have given €2.5 billion in the period up to the end of the decade. Deputy Kenny asked what was the objective of the Bill. The Bill puts in place a framework for the provision of health and personal social services for people with a disability. That is what it is endeavouring to do. It allows for systematic development and improvement to these services, it requires that public services and buildings are made accessible for them, it also obliges public bodies to be proactive in employing people with disabilities, it restricts the use of information from genetic testing and establishes centres for excellence. All of those issues are contained in the Bill, they were all of the demands. I accept that there are still some issues of concern with which the Minister of State, Deputy Fahey, is dealing with the groups. He will continue to meet with the groups and we will continue to try to address those issues on Committee Stage.

He does not want to meet them.