Disability Bill and rights-based provisions
Ó Caoláin urged the Taoiseach to meet disability-sector representatives and adopt their proposed rights-based provisions; the Taoiseach defended the Bill’s consultation, assessments, appeals and services, but said the requested provision would not be included. The exchange became disorderly, and Ó Caoláin was suspended, with the division deferred until Thursday.
Is the Taoiseach aware of the great disappointment and, indeed, anger in the disability sector and among people with disability at the Government's refusal to adopt their proposals to salvage the flawed Disability Bill which is now on Committee Stage? The disability legislation consultation group was set up by the Government to facilitate an input by the sector in the framing of the Bill but is the Taoiseach aware that later today, the DLCG will consider its future, including the option to pull out of the process and of opposing the Disability Bill outright?
Will the Taoiseach confirm that the Minister of State, Deputy Fahey, told the DLCG that the Government will not meet its five minimum demands? Is it also the case that the Minister of State, Deputy Fahey, said there would be no purpose in the DLCG meeting the Taoiseach on this grave issue? Is that the Taoiseach's view?
What role does the Taoiseach believe the DLCG can serve if its minimum recommendations to salvage this legislation are not taken on board by Government? I avail of the opportunity to make a last minute appeal to the Taoiseach. Will he use the opportunity of Committee Stage of the legislation to ensure the key and critical proposals of the DLCG, which represents the entire disability sector, are taken on board and enshrined in the legislation and that we have legislation which meets the needs of people with disability and removes the shame of further conflict with that sector?
Comment on this
The Government continues to work long and hard with the disability groups. As I said several times previously, no other Bill with which I have been involved over 20 years has taken so much time, effort and consultation. Deputy Ó Caoláin is wrong to say the Government set up the consultation group. The consultation group was involved when the Bill was being prepared over the past three or four years. I met the group many times and the Bill has now been published.
The group met the Minister of State, Deputy Fahey, myself and other Ministers many times and has asked for a whole host of amendments. A large number of amendments have been conceded, if not the five minimum points. There were 40 or 50 points. We have committed to review the legislation after five years, the definition of "substantial restriction" is to be amended to include disordered thought process, there is to be provision for intervention early in life to ameliorate a disability, the option of chief executive officer of the Health Service Executive is to be removed from the Bill and so on. The group requested a large number of amendments, which it has received.
Last Friday the DLCG asked the Minister of State, Deputy Fahey, to look at five further areas. I can go through them if required but I would not have time now. The Government discussed them again yesterday and will respond to the group. The Minister of State will also do so. I will write to the group giving our position on them.
This is the last Bill in a range of legislation which this Government has brought in, including the Employment Equality Act, the Equal Status Act, the Equality Act, the Education for Persons with Special Educational Needs Bill and the Comhairle (Amendment) Bill.
We have also put in place the additional resources which we were asked to do last year. The Minister for Finance announced the provision of a special disability multi-annual funding package of €900 million covering the years ahead. We have brought in a range of legislation, including this Bill. We are trying, in every way we can, to accommodate the Bill.
There is one amendment which is not possible, that is, to state in legislation a position on resources. That has never been done in Irish legislation.
Comment on this
We have explained that at length to the group. I do not believe I will live to see a Minister include such a provision in a Bill. Members are telling people they should keep pushing for something which has never happened since the foundation of the State and which is unlikely to happen this side of the year 4000. I have received letters stating this has happened in Canada and America. It has not happened anywhere in the world, including New South Wales, Tasmania or elsewhere. We will try everything we can to make this legislation as perfect as possible but we are not about to include a provision which is not in legislation anywhere in the world and has never been done in this country. It is wrong for Members to advise people to keep pressing for something which is impossible.
Comment on this
I ask the Taoiseach to answer this question directly. He has indicated he will write to the DLCG but will he not meet the group? That is critically what is required. I urge him to do so and to confirm that in the House.
It is not good enough for the Taoiseach to say rights-based legislation of the type sought does not exist in any other jurisdiction. So what? What is wrong with this country taking the lead in terms of a global approach to the needs of people with disability? What is wrong with Ireland setting out best practice and giving a lead in the world on such matters? It is time we did so and had the courage to give leadership in such important issues.
The National Parents and Siblings Alliance estimates that even under the new multi-annual funding programme, it will take until 2021 before the current backlog of people looking for residential care can be accommodated and that does not take into account those who will come on stream in the intervening years. I know a little bit about that on a personal level.
For the Taoiseach to say no Minister here or anywhere would ensure the ring fencing of resources in legislation is not true.
The Government introduced legislation in 2001 pertaining to the horse and greyhound industry that ring-fences revenue raised in that industry.
Comment on this
Is it not just as important to ring-fence the needs of people with disability as it is to look after the betting industry in this State?
Comment on this
Generalissimo O'Dea is probably riding it off into the hills. Be off with him.
Comment on this
Not at all. If the Taoiseach answers the questions——
Comment on this
The Taoiseach is mixed up because he has not got the text.
Comment on this
The Deputy is only allocated one minute and has spoken for three minutes. He knows he is mixing up issues.
Comment on this
The legislation goes far beyond anything to be found anywhere else. I mentioned the one area which it cannot cover. It has an independent assessment of need and a statement of services to which they are entitled.
Comment on this
It has access to an appeals process to deal with complaints about the assessment of service statement. Ultimately, it has access to the courts to enforce the decisions of an independent appeal. It has transparent multi-annual funding commitments of capital and current expenditure. It has clear and transparent sectoral commitments.
Comment on this
The Taoiseach should leave his text and answer the question.
Comment on this
It is the same old question and Deputy Ó Caoláin should be honest. He and his party never believed that the Government would introduce the Employment Equality Act, the Equal Status Act, the Equality Act 2004, the Education for Persons with Special Educational Needs Bill, the Comhairle (Amendment) Bill and a very good Disability Bill. He clings on to the hope that he can get some political gain by ranting on.
Comment on this
I will answer the point today. Deputy Ó Caoláin is being entirely dishonest in this debate.
Comment on this
Will the Taoiseach answer my question?
Comment on this
Deputy Ó Caoláin cannot come into this House, ask a question and then frustrate a Government member who wishes to answer the question.
Comment on this
The Deputy cannot frustrate another Member of the House when he or she is called by the Chair to speak.
Comment on this
I ask the Deputy to behave himself. If he does not wish to do so, he knows what to do.
Comment on this
I have asked the Taoiseach a question.
Comment on this
I will not give the Chair that satisfaction.
Comment on this
Very well. Deputy Ó Caoláin will leave the House.
I move: "That Deputy Ó Caoláin be suspended from the service of the Dáil."
Comment on this
In accordance with Standing Order 61, the division will take place on Thursday next at the beginning of business.