Denis Naughten (Roscommon-Galway, Independent) | Oireachtas source

I want to discuss the broader issue raised by Deputy Dillon. I accept that this Bill is far from perfect. There are technical issues, and the Department has flagged those. There issues with language. There are logistical challenges regarding the way the legislation has been drafted. We are the first ones to hold up our hands and say that the Bill needs to be amended. However, the question is whether, in principle, we should have legislation in this area. That is the decision ultimately that this committee will have to consider.

The European Commission approved the Charter of Rights for Persons with Autism in 1996, some 27 years ago. The charter sets out that there should be rights for people with autism and that these should be enforced by legislation. The Bill before us was drafted by the former Minister for Children and Youth Affairs and Minister for Health, who is the parent of a person with autism and who knows the challenges, issues and legal constraints. We are now talking about the national autism innovation strategy. Let us all remember that we, as Members of Dáil Éireann, delayed the passage of this Bill for 12 months to facilitate the Department in coming forward with legislation. Two years have elapsed and the Department's officials have said they hope to produce a Bill in draft form in the next few months. I do not contest the commitment of the Department in respect of this matter, and I fully support them. I know that there are lots of challenges within the Department across the disability remit and the Department as a whole so it is not easy to make progress. However, two years have elapsed. It will take a minimum of six to eight months before the draft Bill becomes a reality. Having sat at Cabinet and dealt with the UN Convention on the Rights of Persons with Disabilities, I am aware that it was only because politicians drove the latter forward that it progressed. The reason that we have an assessment of need process at all, which, again, was opposed by the Departments that were in place at the time, was because we, as parliamentarians, decided that people needed legal rights. The reality is, whether we like it or not, that any rights and services that people with any form of disability have got in this country are there because legislation was enacted.

In the context of the Disability Act 2005 and assessments of need, we could spend all day talking about how the system is falling down.

What would happen if it was not enshrined in law? What would be the chances of people getting access to this service today? They would not. That is the reality. Would it be better or worse across the broad spectrum of disabilities and in regard specifically to people with autism if there was legislation enshrining rights for them? We contend that enshrining this in law, with the amendments the Department has suggested and the amendments we have proposed and with engagement with the parents, would be far better than not having a law in place. Sadly, history has proved us right. Down through the years, it is only after legislation has been put in place that we have seen movement in terms of the delivery of services.