Dáil debates

Thursday, 23 November 2006

Citizens Information Bill 2006: Second Stage (Resumed)

 

12:00 pm

Paddy McHugh (Galway East, Independent)

One cannot but welcome the Citizens Information Bill which in theory sets out to ensure that people with disabilities are supported, to enable them as far as possible to lead independent lives, reach their potential as individuals and participate fully in society. In practice, however, people with disabilities continually experience difficulties in their daily lives. Irrespective of the grand notions contained in this Bill practical difficulties remain.

The Minister said that the intention is to have an effective combination of legislation, policies, institutions and services in place to ensure equal access to services and full participation in everyday life for people with disabilities. We all share that wish but merely including such aspirations in legislation does not make them happen.

This Bill provides for the introduction of a personal advocacy service for certain people with disabilities who would otherwise have difficulty obtaining access to services. That is all very fine but those who are able to access services and to represent themselves fully should be given what they seek first. There is no benefit to people with disabilities in putting everything on paper but being deficient in practice.

One of the most basic human rights is the right to vote. In theory, people have that right but in practice wheelchair users have difficulty gaining admission to polling booths. I raised this issue with the Minister for the Environment, Heritage and Local Government and, to make it easy for him, specified one polling station in my constituency, East Galway. In order not to overburden the Minister I kept the question short. I asked him if measures were being put in place to make a polling booth in County Galway wheelchair accessible. I expected a direct answer along the lines that the Minister was concerned that a person in County Galway could not gain access to a polling booth to cast his or her vote. I further expected him to advise me that he had initiated steps to ensure that this situation would not occur again. It should have been nice and simple. I was the parliamentary advocate on behalf of this person.

In the interests of accuracy I will read the Minister's reply:

Under the Electoral Act 1992, the selection of buildings to be used as polling stations at an election or referendum is a matter for the returning officer. [The Minister is kicking to touch here.] The Electoral (Amendment) Act 1996 provides that local authorities, in making polling schemes, shall endeavour to appoint polling places which allow the returning officer to provide at each place at least one polling station that is accessible to wheelchair users. The Act also requires that the returning officer shall, where practicable, provide polling stations which are accessible to wheelchair users. In addition, the returning officer must, where practicable, give public notice of all polling stations which are inaccessible to wheelchair users not later than eight days before polling day.

If an elector will have difficulty gaining access to his or her polling station, he or she may apply in writing to the returning officer for authorisation to vote at another polling station in the same constituency. If a person has a physical disability or physical illness which prevents him or her from going to the polling station, the person can vote by post if he or she applies to be included in the postal voters list which is drawn up each year as part of the register of electors.

What does that mean? It is such waffle. There is no reference in the Minister's reply to the specific polling station. Neither is there any expression of regret that a person was denied his or her right to vote, nor to the rights of people with disabilities. The Minister made no statement to the effect that everybody is equal under the Constitution or that everybody should be treated equally and with respect. Neither did he acknowledge that public buildings should be accessible to all.

The nub of the Minister's reply is: "If an elector will have difficulty gaining access to his or her polling station, he or she may apply in writing to the returning officer for authorisation to vote at another polling station". In practice, that requires a person who uses a wheelchair to go to a polling station a number of days before polling day to check it out for accessibility. If he or she cannot gain access, it is necessary for him or her to search for an accessible polling station in the constituency and write to the returning officer seeking permission to vote at the other venue. That is such rubbish and it is such an insult to wheelchair users. Citizens are not being facilitated to cast their votes in their local polling stations.

Another issue of great concern to people with disabilities in rural areas is their inability to access public transport. I refer in particular to bus services. This is a classic case of discrimination against people with disabilities. We do not need further legislation to know that it is wrong that some members of society cannot access public transport. A decision is required from Government to make this unacceptable. A further decision is required to rectify the matter and ensure that all public transport vehicles are made fully accessible so they can be utilised by all citizens.

Train services are also inadequate and are not designed to facilitate people with disabilities. For example, a wheelchair user who boards a train in Galway to travel to Dublin has no opportunity to access toilet facilities. That is a deplorable situation. While I welcome the Citizens Information Bill, it will not solve such problems as I have outlined that confront people with disabilities on a daily basis. The problems I have outlined are not new to the Minister but I urge him to ensure they are taken on board and rectified by the Government so that all citizens are treated equally and with respect and dignity.

I welcome the Bill. It is a step in the right direction, however, the introduction of legislation alone will do little for people with disabilities. What is required is determination on the part of the Government to ensure that the difficulties faced by people with disabilities are eliminated. Practical measures must be introduced as a matter of urgency to underpin the legislation on the Statute Book that is designed to assist people with disabilities.

Deputy Keaveney raised an important issue in her contribution, namely, people with lifelong illness. I hope the Minister will at least deal with this matter because it will not involve any expenditure by the Exchequer nor require any detailed analysis to be carried out by a Department. In effect, it would not impose any burden on Departments. People with lifelong illnesses are entitled to have a medical card but they should not have to apply for it on an annual basis. A list is available of the qualifying illnesses for the provision of a medical card and there is no reason a person should have to reapply for this card annually when his or her situation is not likely to change. Why are people put through the misery of annual applications? I urge the Minister to take on board this point.

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