Professor Malcolm MacLachlan:

I thank Senator McGreehan for her comments and questions. I really welcome them because it gives me an opportunity to talk about something which I think is very important. The clinical programme was established to implement the UNCRPD. As the Senator has highlighted, it is about rights, opportunities and so on. It is not a programme which is narrowly technocratic and just sets out the clinical processes that should be used. It is a programme that looks to the UNCRPD and compares it to what happens in the Irish context, and considers how it should be different. The Senator referred to Ms Justice Phelan's comments on the assessment of need. The implications of her judgment have to be addressed so that we are legally compliant within the HSE. That is why we held a workshop. We will ensure that we are compliant. At the same time, it will reduce our ability to provide the interventions which we have just heard are so lacking. It will reduce that opportunity, and in doing so it will increase clinical risk. If I am the clinical lead of a programme whose function is to ensure the rights of people accessing services, I feel I would be running away from my responsibilities not to point out how the implementation of an Act results in increased clinical risk. That does not mean that we are not going to comply with it. Of course, we will comply with it. We have to comply with it because it is the law.

At the same time, I want to strongly advocate for a change in the law. I must say that I find it frustrating. I have mentioned previously in this House that sections 3 to 13 of the Education for Persons with Special Educational Needs, EPSEN, Act have never been commenced. That is not our fault or the fault of the Department of Education. It is the responsibility of the Oireachtas. The Disability Act predates the UNCRPD. It is well-voiced that the Act should be revised. It is nonsensical to revise the EPSEN Act and not to revise the Disability Act at the same time. I am not going to hide my frustration with the idea that the Government is thinking that the clinical programme for disability should be looking at narrow clinical interventions, rather than trying to address the fundamental issues that are causing the problem. The fundamental issues are structural issues which the Oireachtas should be addressing. As the Minister of State has pointed out, the issues concern the pipeline of supply of professionals to be able to provide the service, and an Act that is no longer fit for purpose, according to the ombudsman.

They are also to do with an Act that is no longer fit for purpose according to the Ombudsman. I recently returned from Malawi, where I was involved in the revision of the disability legislation there, which people considered way out of date. It was put in place in 2011. Ours is way more out of date. I would appeal to committee members as legislators to make their contribution to addressing these issues by revising the Disability Act.