Paschal Donohoe (Dublin Central, Fine Gael) | Oireachtas source

I move amendment No. 138:

In page 55, between lines 11 and 12, to insert the following: “Amendment of section 92 of Finance Act 1989

35.(1) Section 92 of the Finance Act 1989 is amended—

(a) in subsection (2)(a), by deleting “including such further medical criteria in relation to disabilities as may be considered necessary,”, and

(b) in subsection (5)—

(i) in the definition of “primary medical certification”, by substituting “accordingly;” for “accordingly.”, and

(ii) by inserting the following definition after the definition of “primary medical certification”:

“ ‘severely and permanently disabled person’ means a person who satisfies one or more of the following criteria:

(a) the person is wholly or almost wholly without the use of both legs;

(b) the person is wholly without the use of one of their legs and almost wholly without the use of the other leg such that they are severely restricted as to movement of their lower limbs;

(c) the person has no hands or no arms;

(d) the person has one leg or no legs;

(e) the person is wholly or almost wholly without the use of both hands or arms and wholly or almost wholly without the use of one leg;

(f) the person has the medical condition of dwarfism and has serious difficulties in the movement of their lower limbs.”.

(2) This section shall come into operation on 1 January 2021.”.

I will speak to this amendment as it deals with areas that have been raised by Deputies in parliamentary questions so I will explain the intent.

The amendment provides for the insertion of a new section in the Bill in relation to the disabled drivers and passengers scheme. Deputies will be aware that the medical assessments conducted by the HSE in respect of access to the scheme have been on hold since the Supreme Court decision earlier this year. The Supreme Court found that the regulations setting out the medical criteria underpinning qualification for the scheme were inconsistent with the mandate provided in section 92 of the Finance Act 1989. This amendment brings the medical criteria into the primary legislation.

The measure is designed to address the immediate issue raised by the Supreme Court and allows for assessments to recommence without further delay in circumstances where the legal basis for such assessments is clarified. I consider this to be an interim solution only. While I am very aware of the importance of this scheme to those who benefit from it, I am also aware of the disquiet expressed by Members of this House and others in respect of the difficulties around access to the scheme.

With this in mind I have asked my officials to undertake a comprehensive review of the scheme, to include a broader review of mobility supports for persons with disabilities, and on foot of that review to bring forward proposals for consideration.

I remind the committee that earlier in proceedings, I indicated that assessments in respect of the certificate were recommencing on the back of a communication I issued to the HSE. I wish to confirm again that the commencement of assessments will only begin on the implementation of the Bill.