Mr. Damien Walsh:

In the broader terms of engaging with disabled people through disabled persons organisations, we are talking a lot about assessment and we will inevitably talk about the Disability Act because it frames much of that discussion. It is worth recognising that came out of the commission for people with disabilities in 1993 and a time for equality in 1995, which recognised that where Ireland was at then was sheltered workshops, segregated education and zero opportunities for disabled people in employment. The 2005 Act was seen as reasonably progressive because it not only looked at assessment, but also targets for recruitment of disabled people into employment. However, it is 20 years old and post ratification of the CRPD. This bit is important. There are elements of it that do not sit with where we are at now, so we need to review it in its totality. If we look at the definition of "disability" under the Act, it states it is a person who has “a substantial restriction in the capacity ... to carry on a profession, business or occupation in the State or to participate in social or cultural life in the State by reason of an enduring physical, sensory, mental health or intellectual impairment". It is an old-style medical analysis of disability, that being, what people lack.

The CRPD is where we are at now. It defines "disability" as persons who have a “long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others”. We have ratified the CRPD, so we are talking about what the systemic barriers that prohibit people’s participation in education, employment and social life are. Let us take the education element and the Deputy’s point. It is a mainstream-first approach for CRPD. How do we make inclusive education a reality? What are the supports children need? Education is not just about a qualification. It is about participating in one's community with one's siblings. It is about normalising impairment as part of the human condition and recognising some people will need additional supports within the education system. We have a system that does not work for disabled people. It does not work for the system itself because we end up in legislative conversations that were brought to the High Court – people are bringing cases to the High Court – as opposed to how we resource inclusion and the CRPD. That has to be the fundamental conversation for this House going forward.