Ms Emily O'Reilly:

It will use our recommendations as the basis for deciding on applications whereas the Department of Health, in the same breath, is saying it is not accepting that. I am not sure how the HSE and the Department of Health reconcile that. The HSE is acting in a way that the Department of Health says it cannot because of financial costs.

On how people can get compensation for this, the Department and the HSE paid out compensation in regard to the mobility allowance grant in one particular case and then drew a line under that and that was it. There has been no general payment in this respect.

Generally, people go to the Equality Tribunal where these matters are concerned. However, as I understand it, there is a very small window in which this can be done. It is actually quite difficult and once the window is missed, that is it.

The overall point is the fact that the Department feels it can simply ignore what it is bound to do under the equal status legislation. As I stated in my opening address, it feels that is an acceptable position and that by stating it cannot afford to do what it is supposed to do, it will win acceptance from the public and the Oireachtas. The Department is actually saying it cannot afford to obey the law. As Deputy Healy-Rae stated, there is an onus on everybody to obey the law, but I would have believed there is a particular onus on Departments given their power over the rest of us. I appreciate the financial constraints that exist, that there is considerable work being done in all line Departments and public bodies to try to manage ever-decreasing budgets and that the constraints are an enormous headache for them, but the principle at stake is too great to be ignored.

There are certain steps the Department could take in regard to the schemes. It should not be up to me to point out what they could be. It would be quite cynical if there were a move to abolish certain schemes and to point the finger in the direction of this office in establishing the rationale for doing so. That has not happened but I would be concerned about it.

Many schemes have been trimmed in the budget, and eligibility requirements, etc., have been changed. I am sure this will continue. One step the Department could take is to examine mobility schemes for people with disabilities generally and perhaps devise a new scheme. I do not know. It is not for me to tell the Department what to do but it is for me to report to the committee that the Department feels it can flout the equal status laws.