Michael Smith (Tipperary North, Fianna Fail)

A central element in a programme to assure equitable service provision for people with disabilities is the assessment of their individual needs. I agree with the view put forward by the DLCG that assessment of need must be independent and that means of complaint, appeal and enforcement are an essential part of that process.

The disability Bill will put effective systems for assessment and redress in place. We have sought to find a way to allow for an effective and independent assessment in framing the Bill. At the same time, we intend to establish a framework that will focus available resources on the provision of services that are most needed.

I am concerned that people with disabilities get the services they need. I am also concerned that levels of service provision are expanded over time so that they respond to identified needs. The Bill will require that each person assessed is provided with a statement of the individual health, personal social service and education services that can be delivered and an indication of the timeframe for their delivery. The Bill will also require that aggregate information about the contents of assessments axed service statements is prepared as a basis for service planning. The contents of individual service statements and the capacity to plan for the development of services are directly linked to the available resources and to political decisions about competing service priorities.

Comparative research published by the Economic and Social Research Institute last year is interesting. The research compared the scenario in other countries, which, like Ireland, have a legal structure based on common law, namely, the US, Australia, New Zealand, the UK and Sweden. The research indicated that even where a person has a right to assessment of their needs, this does not automatically lead to the provision of all the services involved or having the provision of those services enforced by the courts. Each country surveyed has pursued a path that takes account of its individual legal, political and administrative structures.

The disability Bill is part of a comprehensive framework, which will, over time, produce significant positive advances for people with disabilities. Other elements of the framework include the Education for Persons with Disabilities Bill 2003, which is awaiting Report Stage in the Dáil — like the disability Bill, this measure provides for an individualised approach to assessment and support services and the Comhairle (amendment) Bill, which will establish advocacy services for people with disabilities and will be published by the Minister for Social and Family Affairs at the same time as the disability Bill.

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