Oireachtas Joint and Select Committees

Thursday, 20 April 2023

Joint Oireachtas Committee on Disability Matters

A Rights-Based Approach and Disability Legislation: National Disability Authority

Photo of Mary Seery KearneyMary Seery Kearney (Fine Gael) | Oireachtas source

That is a really good point. We want employers to be tech-ready as well, but I agree.

I am a barrister who practises in employment law, so I am very familiar with the Workplace Relations Commission, WRC. In changes that have come about in the amalgamation under the Workplace Relations Commission, it holds the remit for the refusal of services to persons with a disability and the right of reasonable accommodation within the workplace, whether an employee or someone trying to access a service who is discriminated against, and that seems to be where there is teeth in all this. The problem is that by the time a case comes to the WRC, the damage has been done and the discrimination has been experienced. Going back to Senator McGreehan's point about proactivity and obliging compliance and forward and inclusive thinking, where are the teeth on that? If there are no teeth, should we ask for them? I am mindful of the St. John Ambulance experience with Tusla, where suddenly we realised Tusla did not have the teeth we had thought it did. Is there something with teeth for which we should be advocating and ensuring a legislative process? In tandem with that, my personal belief is that the Disability Act, and section 2 in particular, needs to be reviewed and updated. Certainly, it needs to give people access not just to assessment but to services as well. That is a separate framework, but is there more we could do in that context?

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