Oireachtas Joint and Select Committees

Tuesday, 8 July 2025

Committee on Children and Equality

General Scheme of the Equality (Miscellaneous Provisions) Bill 2024: Discussion

2:00 am

Mr. Ciarán Finlay:

I echo Dr. Hartney's points. There is language within the definition of disfigurement and malformation. Those are things that need to be reflected upon. They reflect a medical model of disability. On the other hand, we are aware the definition has been interpreted broadly. This is welcome. There are a number of definitions of disability. In a national context, there is a different definition of disability under the Disability Act 2005. Then there is the definition of disability within the UNCRPD. Both of those definitions contain provisions with regard to timing. The UNCRPD definition refers to a long-term disability. A person would have to show that the disability is long term. With regard to the 2005 Act, a person must show the disability is enduring. Currently, with regard to the definition we have in place, there is no requirement to show that is the case. We would like see that if there is any updating, no time limits or provisions should be introduced that would result in people being unable to take claims. However, we recognise that there are some difficulties with the medicalised language currently there.