Mr. Jim Breslin:

This is my first appearance before the Joint Committee on Public Service Oversight and Petitions, and I am happy to be invited by the committee. I am aware of the committee's continuing interest in the issues which have arisen with the mobility allowance.

I hope to update the committee on the progress under way in developing new legislative proposals. The committee is very familiar with the circumstances around the closure of the mobility allowance and the motorised transport grant schemes. By way of reminder, I will only provide a short synopsis to put today's discussions in context. I will then speak about developments under way, after which I will be very happy to answer questions.

The mobility allowance was established in 1979 as an administrative scheme by way of departmental circular. The mobility allowance was payable by the HSE and previously by the health boards, subject to a means test, to persons with a severe disability who were between 16 and 65 years old and unable to walk or use public transport. The monthly full rate of mobility allowance was €280.50. At the time the scheme was closed, there were 4,700 recipients, at an annual cost of €9.3 million. Since the closure of the scheme, the Government has directed that the HSE should continue to pay an equivalent monthly payment to these 4,700 individuals pending the establishment of a new transport support scheme.

The motorised transport grant was established in 1968 and was also an administrative scheme. It operated as a means-tested grant to assist a person with a severe disability with the purchase or adaptation of a car, where that car was essential to retain employment. The maximum grant was €5,020, payable once to an individual in any three-year period. In recent years, more than 300 people received the grant each year, at an estimated cost of €1.3 million per annum. As the committee is aware and as the Chairman has just said, the Government decided to close the motorised transport grant scheme in February 2013 and no further grants have been payable since that date. However, it is important to note that the disabled drivers and disabled passengers scheme, operated by the Revenue Commissioners, remains in place. This scheme provides VRT and VAT relief, exemption from road tax and a fuel grant to drivers and passengers with a disability who qualify under the relevant criteria set out in the governing regulations made by the Minister for Finance.

In 2012, the then Ombudsman recommended that the Department of Health revise both schemes to make them compliant with the Equal Status Act by removing the upper age limit and using a broader definition of disability in respect of eligibility for both schemes. These recommendations raised significant issues of a legal, financial and practical nature, particularly as regards extending eligibility to a significantly wider cohort. With continuing pressure on public expenditure, including the health budget, the Government came to the conclusion that such an extension of either scheme would have implications for the protection of front-line health services and would be unsustainable. A review group on transport support for people with disabilities and, subsequently, an interdepartmental group were established, with the interdepartmental group chaired by the Department of the Taoiseach. On foot of the interdepartmental group's work, the Government decided that the detailed preparatory work required for a new transport support scheme and associated statutory provisions should be progressed by the Minister for Health in consultation with other relevant Ministers. In making the decision to establish a new scheme, the Government's focus has been on those in most need who have least resources available to them.

In line with the Government decision, the Department of Health has been working to develop policy proposals for a new transport support scheme. These proposals seek to ensure that there is a firm statutory basis to the scheme's operation, addressing one of the critical findings against the existing schemes, which were purely administrative. There is a transparency and equity in the eligibility criteria attaching to the scheme, resources are targeted at those with greatest needs, the scheme is capable of being costed and it is affordable on its introduction and on an ongoing basis.

Following detailed policy analysis, the Minister of State, Deputy Kathleen Lynch, provided policy guidance to officials which has allowed for the drafting of a general scheme and heads of Bill for the new transport support scheme. This general scheme and heads of Bill has now been completed in draft form and it is currently subject to detailed legal examination. This is a very important stage, given the complex legal issues which have arisen in the operation of previous arrangements. The proposals will also be the subject of consultation with other relevant Departments, in particular the Department of Social Protection, which was previously identified as having a potential role in the issue of payments under a new scheme. In finalising proposals, it will also be necessary to estimate both the numbers likely to qualify for the payment and the likely overall cost, as well as securing the necessary funding in the event that additional costs arise.

The clear instruction from the Government is that eligibility criteria for the transport support scheme must focus on those with the greatest need and who have least resources available to them. The position as articulated in the Ombudsman's reports about the inequitable nature of the abolished schemes remains valid and must be addressed under any new arrangements.

However, to make the eligibility criteria for the scheme very broad, opening up newer categories of eligibility, the effects of which are difficult to estimate, would carry major budgetary implications. Competing demands within the disability budget and elsewhere must be considered - for example, issues such as therapies for children, day services for young adults leaving school and the need to improve other supports for people with a disability. Therefore, the focus in the Department has been very much on the identification of appropriate criteria which will benefit those facing the greatest challenges while taking account of the group that has continued to receive the payment and which, it must be acknowledged, has come to rely on that payment.

These considerations continue to be at the centre of the Department's efforts to find a solution which is fair, financially affordable and legally sound. The real needs in this area are recognised. If one takes the case of an individual who uses a large customised wheelchair which cannot be accommodated on public transport and if that individual is not in a position to easily transfer to a standard seat in a car, it is acknowledged there is a real issue of cost attaching to that person's transport. In addition, if this individual is in receipt of a low income, such costs could restrict his or her access to transport and participation in important activities.

An added issue to be addressed is the treatment of the 4,700 people currently in receipt of payment under the previous mobility scheme. As mentioned, payments continue to be made to this group on an interim basis in order to prevent hardship and allow time to deal with the complex issues which have arisen through no fault of recipients. This is important in alleviating stress, anxiety and uncertainty among a vulnerable group in society. Whatever criteria are settled on for the new scheme, we will also seek to address the needs of current recipients. Again, this adds complexity to the definition of eligibility criteria from a legal and drafting perspective, but the proposal to be put to Government will seek to take account of this group.

The proposals will also provide for a transparent and objective appeals process which will deal fairly and sensitively with applicants. In the coming weeks, we plan to submit the draft general scheme to the Government, once the legal examination and consultation with other relevant Departments are complete. It will be a matter for Government to determine the precise policy which will underpin the general scheme to be published. I cannot pre-empt the outcome of these considerations. The approval of a general scheme and heads of Bill by the Government will be followed by publication and pre-legislative scrutiny by the Joint Committee on Health and Children.

While I am limited in regard to how precise I can be on the nature of the final proposals in advance of their determination by Government, I assure members of the priority attaching to this issue. Delivering on the objective of finalising appropriate and equitable criteria for the new scheme while taking account of the group that continues to receive payment has been demanding. It has been subject to considerable input across Government. I believe the current year has seen considerable progress achieved in the Department in developing detailed and concrete proposals which will now be subject to wider scrutiny.

I would also like to reassure the committee that the Department has stayed in touch with the Ombudsman, Mr. Peter Tyndall, on this matter and I envisage updating him shortly on developments. The review group and interdepartmental group were also assisted to a considerable extent by the National Disability Authority, which I have been assured remains available to assist as and when required.

In summary, the Department is working to develop a solution which will meet the aim of contributing towards the cost of the transport and mobility needs of those in greatest need and those with the least resources, within whatever funding level is available. There is an unusual degree of complexity attaching to the issues. I fully acknowledge the protracted period since the problems with the mobility scheme were first highlighted and I fully acknowledge the period since the committee first raised the issue with the Department. However, I believe significant progress has now been achieved. I look forward to completion of this work shortly. This will allow the Minister to bring proposals to Government in the coming weeks and for the process of Oireachtas scrutiny to commence. Thank you.