John Dolan (Independent) | Oireachtas source

I thank the representatives from Down Syndrome Ireland and three trade unions, officials from the Department of Education and my colleagues for their serious engagement on this issue.

It was not until just before 4.30 p.m. today that the UN Convention on the Rights of Persons with Disabilities was first mentioned. We had gone through a full round of questions and were back on supplementary questions. I want to come to the convention. There is no beating around the bush in Article 24 under the simple heading, Education. It starts with a reference to "States Parties", which can be substituted with "Ireland" now that we have ratified the convention, so that the article reads:

[Ireland] recognizes the right of persons with disabilities to education. With a view to realizing this right without discrimination and on the basis of equal opportunity, [Ireland] shall ensure an inclusive education system at all levels and lifelong learning directed to: a. The full development of human potential and sense of dignity and self-worth, and the strengthening of respect for human rights, fundamental freedoms and human diversity;

b. The development by persons with disabilities of their personality, talents and creativity, as well as their mental and physical abilities, to their fullest potential;

c. Enabling persons with disabilities to participate effectively in a free society.

I will not read the whole article but it continues: "In realizing this right, [Ireland] shall ensure that ...". I am inserting "Ireland" where the convention uses the term "States Parties" because we have ratified the convention.

We need to remind ourselves of that. It states:

a) Persons with disabilities are not excluded from the general education system on the basis of disability, and that children with disabilities are not excluded from free and compulsory primary education, or from secondary education, on the basis of disability;

b) Persons with disabilities can access an inclusive, quality and free primary education and secondary education on an equal basis with others in the communities in which they live;

c) Reasonable accommodation of the individual’s requirements is provided;

d) Persons with disabilities receive the support required, within the general education system, to facilitate their effective education;

e) Effective individualized support measures are provided in environments that maximize academic and social development, consistent with the goal of full inclusion.

I have laboured that a little. It is interesting that the Department could participate in this without a mention of the fact that a year ago this week the Dáil passed a motion unanimously to ratify the convention, and, 13 months from now, in April of next year, each Department will make its first report on implementation saying what has changed. We need to be clear that there are standards and that it took us 11 years to get to the point of saying we would have them, and that brings us to the phrase "encourage and not obliged". This is giving the lie to the idea that our standard would be that we encourage. Our standard is that we are obliged. Of course there are steps to the stairs but we have to go beyond encouragement. Teachers encourage children to do things but Ireland has said it is doing it and is on the road to it.

Putting my head in the place of a parent of a child with Down's syndrome or another disability, this is like a nil-all draw in sporting parlance. The Department has a position; the teachers have a position. I see this too in the Department of Communications, Climate Action and Environment which will not provide a house that is accessible until the Health Service Executive, HSE, tells it that it has all the personal supports ready. The HSE will not provide all the personal supports until the Department of Communications, Climate Action and Environment tells it that the house is ready. Everyone is committed but no one has moved. Ms Leydon said some practical things need to be done. I ask the two key parties - the Department and the trade unions - what are those practical things? They need to start talking about them now. What gets us going out of this room without the two parties feeling happy that they have held up their sides? We need to move them. The movement may not be ideal in the short term but something has to give, sooner rather than later, because right now the kids and their families are losing out.

Mr. Kelly referred to teachers being professionals. That is a given. Are the trade unions being professional at this stage? It sounds to me like the approach of last in, first out. Supports for people with disabilities are relatively recent and we get the response, "We cannot do this until...". Why cannot something else begin to give a bit in the system?

Thirty years ago the Department was arguing in the courts that certain people were ineducable in the Sinnott case. We have moved on from that. From the Department's point of view that means getting to essential rather than mandated, rather than it would be nice if it could be done. The Department is under the cosh of what the Houses of the Oireachtas have agreed to. I do not get a sense a year later that any urgency has been put into that.

This might seem stinging but for people with disabilities to hear the litany of how much money is being put into disability - we hear it from the Department of Health - can sound as if they need to be grateful. It is not intended that way but people need to see services improving. How will the Department start doing something to shift this, to give that little impetus to move it on and to give people hope? Right now, dare I say it, it seems we are smug. We are doing this, the other side is saying it is doing that but it is not going any place for people. Perhaps that is a plea as much as a question.

The Minister needs to visit this committee, sooner rather than later, because, as the Chairman said, the unlocking of the EPSEN Act has waited a decade and a half and there is still loads of the Disability Act 2005 locked up. These things need to shift at a political level. I put that request to the committee for its consideration.