Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein) | Oireachtas source

I will make a number of points and pose some questions before we bring this session to a close. As Senator Dolan noted, the Oireachtas disability group yesterday launched its pre-budget submission for 2019. It is the first time that an all-party or non-party group of Members of both Houses has prepared and published pre-budget proposals in the area of disabilities. The only precedent I can reference relates to mental health. A different group, which I am thankful is still functioning here, has in previous years presented such a proposition. We will forward those proposals to the Minister of State. I join the Senator in strongly urging the Minister of State's careful consideration of the points made. They were made in conjunction with four of the key organisations, including Inclusion Ireland, which is represented at the meeting, and the DFI. I thank them for their collaboration in this effort.

Senator Dolan mentioned a figure of €200 million but we are not asking the Minister of State to secure that on his own. It is across what has often been referenced as the "silos" of government. What we are hoping for and urging is that in budget 2019, not only with the portfolios under the Minister of State's aegis, but all Departments would reflect on this to ensure that the needs and rights of people with disabilities can be front and centre in all the departmental elements of the budget. As I said in closing yesterday's event, it would be an historic statement on the part of the Government if the approximately 640,000 people who have registered with a disability in the 2016 census were recognised, with their needs and rights affirmed across all Departments. I take the opportunity to strongly urge the Minister of State's careful consideration and that he could be that the champion at the Cabinet table. It is important that we see this referencing and provision across all Departments.

We are a justice and equality committee and the equality element is important, and not just in terms of justice rights. The equality element relating to people with disabilities is important. I know other members who, unfortunately, could not be with us today and who would have a very strong contribution to make in that regard. I regret that they have not been able to attend.

We can go over a number of the points made by the Minister of State, specifically relating to the optional protocol to the CRPD. In December 2016 the Minister of State sat in this room with us, indicating it was his intent and purpose to ensure the simultaneous ratification of the convention and the optional protocol. There is major disappointment that the optional protocol has been kicked down the road; there is no other way to describe it. The optional protocol will give effect to the two implementation mechanisms mentioned by the Minister of State. It is only through the adoption of the optional protocol that the mechanisms are open to exercise. I noted the Minister of State's first response to Deputy Chambers on this, which is speculation that it will happen in two or three years. Even the notion of having to wait for the first report in the cycle is not good enough. It does not allow for enforceability but it offers a means to hold to account not only Departments and agencies and it gives people hope and a path to ensuring the promise of the UN convention. That is much more than how the Minister of State described it himself.

In his opening comments, the Minister of State indicated that ratifying the convention signalled a commitment to ongoing improvement in the provision of disability services.

It has to be so much more than that. I do not doubt the Minister of State's commitment to ongoing improvements in the provision of disability services, but the ratification of the CRPD is not just people with disabilities and those who care for them and who share with them. It has to be so much more.

He referenced recognition of Irish sign language. I remember the euphoria of the deaf community in the Visitors Gallery on the confirmation of recognition of their language. Similarly the recognition of ethnicity for the Traveller community was a great day for Travellers. To see such joy in people was wonderful.

The CRPD is an unfulfilled joy for people with disabilities. I cannot emphasise enough the importance of revisiting the Minister of State's decision to do this on an incremental basis. I ask him to give the programme for the ratification of the optional protocol serious consideration in the period ahead and perhaps we could talk again in the autumn on this matter. I do not want the him to dismiss my appeal out of hand and I do not expect that he will be in a position to answer my request and say: "Okay". I ask him to take a little time to consider it, to listen to the representative organisations, to reflect on the submission of the Oireachtas disability group and to give serious reconsideration to the scheduling of that.

When the committee dealt with the general scheme of the Disability (Miscellaneous Provisions) Bill, it was then called the equality and disability (miscellaneous provisions) Bill. The equality element in the Title was dropped. We have done that. I note in his opening remarks that the Minister of State stated: "The disability Bill was published in 2016 and is currently awaiting Committee Stage in Dáil Éireann". We are the committee who will perform that task and we are awaiting it. It is hugely frustrating because it also has a direct impact on the implementation of the UN convention.

There are delays with various Bills coming to the committee and there is a delay even in the decision on support service under the capacity legislation.Only a fortnight ago, the senior Minister from the Department of Justice and Equality, was before us and we cited to him the backlog in legislation. There has never been such a serious delay with progressing legislation as some of us are witnessing now, particularly those who have been here for many years. Will the Minister of State endeavour to prioritise the promised legislation and to prioritise again the assisted decision-making support service? One of his officials told us honestly during a previous engagement with officials from the Department that she did not see it happening in this calendar year. I acknowledge that is the reply the Minister of State gave, but if it is at all possible, whatever can be done before the end of the year should be done. I note that he has said 2019, as the lady official also indicated previously, make it as early as possible in the new year, if that can at all be done. The decision-making support service and the capacity legislation is a vital support for people with an intellectual incapacity.

I have a number of specific questions. The Oireachtas disability group is making a case to the Minister of State for the cost of living with a disability to be factored in. There should not be a relationship between the disability allowance, the social protection supports and people in other situations, such as unemployment assistance or whatever the case might be. People living with disabilities are living unique lives and it should be down to the real cost. As an interim measure we are urging a particular increase in budget 2019 of €20 per week to be followed in each of the subsequent years over the five-year lifespan of the submission we have made. Is an analysis of the real cost of living with a disability being undertaken? Is such an exercise under way under the aegis of the Departments of which the Minister of State has an overview?.

Are measures being taken to introduce secure medical cards for people with a disability? It is frustrating for people with a lifelong incapacity finding themselves because of whatever change without a medical card which is such a crucial comfort and support. That is simply not acceptable. If we are to believe the Minister for Health, we are moving towards an NHS-type of public health care provision, we should take medical cards away from anybody. We should move forward to include more and more cohorts. People with disabilities should not lose a medical card at any time.

What plans are there to increase the number of health professionals in the disability sector such as speech and language therapists, occupational therapists, physiotherapists? The Minister of State mentioned recruitment of up to 400 in the coming year. What proactive measures are under way to signal to displaced Irish trained therapists across the range of different areas that Ireland is hoping to recruit therapists? Are we advertising in the Irish overseas media and all the local newspapers that are sold in the United States and Britain? That is where our expats will go for information. Does the Department advertise, for example, in the Irish Voice, and The Irish Echoto notify readers that there are job opportunities in the healthcare system in Ireland in all of these specific areas?

The in loco parentisissue has not been raised. I am not going to go over what has been said but I have raised this issue repeatedly and in tandem with the Minister of State at the Department of Health, Deputy Jim Daly, I have met Department of Health officials.

I know of several settings where the in loco parentisclause almost creates an inability on the part of a parent to take even a brief break from a home environment where they are looking after a special child on a 24-7 basis. On a strict application of the in loco parentisprovision, when a fully qualified, properly vetted nurse practitioner is dealing with a child's specific needs for a period of time in the day, a parent can only leave to visit next door for a coffee or to fulfil a need such as shopping, etc. Unless they can put another adultin situthey are not allowed to leave the house, though the highly qualified nurse practitioner is probably the most respected person to have in situ. If there is no willingness to look at the in loco parentisprovision in its entirety, there is a huge need for a significant relaxation to allow the parent a brief respite for a half an hour or an hour to enable him or her to cope. There are real situations involving real people. I have many questions. I showed them to the clerk to the committee yesterday but they do not all come under employment, education, and transport.We believe the needs and rights of people with disabilities cut across all Departments, which is something the Minister said earlier in response to a question. I commend the Minister of State on that and I ask him to ensure that his colleagues in Cabinet also appreciate this.

I have witnessed the Eagle passenger lifter device assisting people with significant physical disabilities to get from a wheelchair into an airline seat. It has an Australian manufacturer and the process was, I understand, recently demonstrated for the Minister of State. It is not, however, available at any airport in the State. In my view, it is a requirement and the airport authorities should have it. It is long past time for people who cannot move from a wheelchair to an airline seat to have such a device, rather than being hauled by two, three or four people into a seat, which is hugely undignified. Any measure that helps affirm the dignity of every human being should be pursued. I understand that we all make a small contribution to a fund every time we book an airline flight, which is supposed to be set aside to introduce such measures so the money is there, sitting in the coffers of airline authorities, and we need somebody to drive it forward to ensure the equipment is rolled out across the airports here. It would mean a total of 11 units in Dublin, Cork, Shannon, Galway, Knock and Donegal. There would be no additional cost to the public purse. The money is there so why can we not have the service for those who need it and are entitled to it?