Oireachtas Joint and Select Committees

Wednesday, 30 January 2019

Select Committee on Justice and Equality

Disability (Miscellaneous Provisions) Bill 2016: Committee Stage

Photo of Finian McGrathFinian McGrath (Dublin Bay North, Independent) | Oireachtas source

I move amendment No. 5:

In page 7, between lines 7 and 8, to insert the following:

"Amendment of Disability Act 2005

5.The Disability Act 2005 is amended— (a) in section 46(3), by the substitution of "members, within the meaning of section 3(1) of the Garda Síochána Act 2005, of the Garda Síochána" for "the Garda Síochána", and

(b) by the substitution of the following for section 47(4):
"(4) If no compliance targets stand prescribed under subsection (3) in relation to a public body, the body shall ensure, unless there is good reason to the contrary, that—
(a) for the period from the date of commencement of section 5(b)of the Disability (Miscellaneous Provisions) Act 2019up to and including 31 December 2019, not less than 3 per cent of the persons employed by it are persons with disabilities,

(b) for the period from 1 January 2020 up to and including 31 December 2021, not less than 4 per cent of the persons employed by it are persons with disabilities,

(c) for the period from 1 January 2022 up to and including 31 December 2023, not less than 5 per cent of the persons employed by it are persons with disabilities, and

(d) on and from 1 January 2024, not less than 6 per cent of the persons employed by it are persons with disabilities.".".

This amendment would insert a new section that, if agreed, would replace section 5, as initiated. The proposed amendment would make two changes to the Disability Act 2005. One relates to An Garda Síochána and the other to the public service employment quota for persons with disabilities. The first change, which was confirmed on Second Stage, brings civilian staff of An Garda Síochána back within the terms of Part 5 of the Disability Act, providing for a public sector employment quota for people with disabilities. This group of Civil Service staff was inadvertently removed from the scope of Part 5 by the enactment of the Garda Síochána Act 2005. In accordance with this amendment, the Disability Act would also be amended to increase the employment target of persons with disabilities in the public sector from 3% to 6% on a phased basis by 2024.

A staggered approach is now proposed as follows. From 1 January 2020 to 31 December 2021, the target will be 4%. From 1 January 2022 to 31 December 2023, the target will be 5%. From 1 January 2024, the target will be 6%. The basis for these provisions is a Government decision of 2015 on foot of a recommendation in the comprehensive employment strategy to increase public service employment from 3% to 6%. The figure of 6% and the staggered approach were recommended by the NDA, which is the key adviser to the Government on disability policy and practice. The staged approach facilitates capacity building in respect of continued improvements in employment levels.

The NDA monitors the progress of public bodies in achieving the targets and works with Departments and agencies to advise on ways to improve policies and practices in order to meet them. It will continue to have this role following the introduction of the new targets. If the revised targets are agreed by the Oireachtas and enshrined in legislation, they will represent a significant advance for people with disabilities and provide them with significantly more employment opportunities in the public service. As such, they have the potential to transform the lives of many people with disabilities who can obtain good quality and secure employment. Like my colleagues on this committee, I feel strongly that while we have made a major dent in general employment, we must also make a major dent on unemployment among people with disabilities. We have a lot of quality people in the disabilities sector who want jobs. While we have taken steps to assist them in respect of welfare payments and hours of work, we must also consider the potential within the public and private sectors to provide more employment for them

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