Primary medical certificate backlog
Deputy Nolan raises the long backlog for disabled applicants awaiting primary medical certificates and says the delays deny people independence and practical relief. The Taoiseach says he will follow up, noting new board members have been appointed and the backlog is being addressed.
During Leaders' Questions last July, and several times since, I have raised the backlog of 1,000 disabled applicants who are seeking a primary medical certificate. As the Taoiseach is aware, the primary medical certificate scheme provides relief from vehicle registration tax and VAT and is open to severely and permanently disabled persons as a driver or passenger. To qualify for the relief the applicant must hold a primary medical certificate, which is issued by the Disabled Drivers Medical Board of Appeal. However, this entire process was badly delayed when the board and its members resigned in 2021. I welcome the progress that has been made, and the intervention from the Minister for Finance, because the board has since been reinstated. That is certainly welcome and is one step forward, but there are many more steps to be taken with this whole issue.
One of the key reasons for the resignation of the previous board members was unfortunately the ridiculous severity of the eligibility criteria for a primary medical certificate. That caused and continues to cause much frustration. When I raised this issue with the Tánaiste directly last July, he acknowledged there was an earlier scheme in the 1990s that was far broader and more flexible in scope. He was referring to the Disabled Drivers and Disabled Passengers (Tax Concessions) Regulations 1994, which allowed for eligibility on medical grounds for disabled persons who were severely and permanently disabled, including those wholly or almost wholly without the use of both hands or arms, or wholly or almost wholly without the use of one leg.
This is the precise case of my constituent David Dignan, who has had his hand and much of his left arm amputated. However, despite a number of attempts to apply for a primary medical certificate, he has been denied it. This is absurd. It is not right or acceptable that a man with such a lifelong disability is being denied a primary medical certificate. David has spoken widely in local media about how the refusal of a primary medical certificate has forced him to the brink of poverty. I appeal to the Taoiseach to do what he can about the eligibility criteria. The re-establishment of the board of appeal was a welcome and positive move, but all of that work is being undermined because of the way in which the eligibility criteria for a primary medical certificate are being applied. They are being applied with a bureaucratic zeal that is contrary to our obligations on the rights of disabled persons.
Comment on this
I thank Deputy Nolan for raising this important issue. Everyone in the House can agree that we need to do all we can to ensure people with disabilities have independence and freedom and can take up employment, use a car, travel and do all of the things we and they need to do. I do not have an up-to-date note on the primary medical certificate, but I will get more information for the Deputy as soon as I can. I know the Minister for Finance is seized of the matter. He has appointed new board members, as the Deputy mentioned, and is trying to get through the backlog of cases that need to be considered.
Of course, we can review the criteria to see if we can include more people. It is never an easy thing to do because no matter what the criteria or the rules are, there will always be people who do not qualify, no matter what scheme we set up. I take the Deputy's point that in some cases the rules are too harsh and perhaps being enforced too strictly. I will certainly discuss that with the Minister, Deputy McGrath.
Comment on this
I thank the Taoiseach for his comments and commitment to pursue the issue further. We are talking about 1,000 applicants here and even if that number were to increase slightly, it would not put the State under undue pressure. This is something that we can do and is achievable. It is something we must do to ensure that this State has credibility in supporting and upholding the rights of people with disability.
I also ask the Taoiseach to take this on board. It is my understanding that the Minister could bring forward a statutory instrument that would resolve this matter. I again stress that we are talking about small numbers here. There is an onus on us now to deliver for those people. There are 1,000 of them now and, as I said, that figure may increase slightly. These people have been unfairly treated. They need primary medical certificates and it is only fair that they get them.