Willie O'Dea (Limerick East, Fianna Fail)

The Government's commitment to producing a disability Bill was part of the programme agreed with the social partners in Sustaining Progress, and that commitment will be met. The concept of partnership which underpins various national agreements has also been a feature of the preparation of this Bill, which has as its focus the participation of people with disabilities in society. It was acknowledged in Sustaining Progress that "the proposed legislation will require an integrated and concerted cross-departmental approach and action" and this is the principle on which preparation of the Bill has been based. This process has, by its nature been complex and time-consuming, but the time spent in drawing together the different strands of public service activity administered by different Departments will pay dividends in the longer term.

The disability Bill will give statutory effect to a range of important policies as they relate to people with disabilities and will establish systems for assessment of need and service provision as well as specifying the infrastructure for their delivery. The Bill needs to be viewed in the context of the overall framework of measures which are being put in place to reinforce existing disability equality structures. Essential elements in the progress achieved to date have been the enactment of anti-discrimination legislation and the mainstreaming of services for people with disabilities. The current stage of development involves strengthening service delivery through the preparation of a wide-ranging positive action framework, one element of which is the disability Bill.

The legislation will underpin the principle of mainstreaming and provide for positive action measures to remove barriers to equal participation for people with disabilities. It will, as the Government promised in An Agreed Programme for Government, include provisions for rights of assessment, appeals, provision and enforcement. The Bill will establish systems for assessment of need and service provision and specify infrastructure for policy delivery and redress. The Government is convinced of the importance of effective redress mechanisms if services committed in the Bill are not delivered. Statute-based complaints anal appeals structures will be provided.

The Bill will legislate for an independent assessment process giving individuals a right to a needs assessment which would be undertaken without regard to resources. This will be a significant achievement and will benefit individuals in the first place by providing a full picture of their needs while at the same time benefiting future planning of services. As the Minister for Defence stated, the level of service delivery will be affected by the available resources, as is the case with all public services and in other jurisdictions. Nevertheless, the Bill will provide important structures, which will improve the way we approach the resourcing of services for people with disabilities and support and drive the development of capacity over time. It will also provide the basis for a co-ordinated approach to service development and delivery for persons with disabilities. As Deputies would also expect, the Bill will address access issues, particularly in respect of public buildings, services and information for people with disabilities. It is important that public service providers should demonstrate best practice as a model for other sectors of the economy.

The standards for access and mainstream service provision required in the Bill will be founded on National Disability Authority's codes of practice. There have been improvements in the accessibility of public services since the enactment of equality legislation. The provisions of the Bill in this area will act as a driver of change in a programmatic way. In addition, it can be expected that sectoral plans will set out a range of actions to make public transport and physical infrastructure accessible, as well as the enhancement of disability-specific health, social welfare and employment services.

Since the introduction of a mainstreaming approach to service delivery for persons with disabilities, training and employment services for people with disabilities have been restructured. Employment and vocational training policies for people with disabilities are now formulated as part of general labour market policy in the Department of Enterprise, Trade and Employment. This is evident in the further development of incentive schemes and supports by that Department.

The Government has also continued to support initiatives to encourage public service employers to achieve a 3% target for the employment of people with disabilities. Although not all sectors have achieved the target, some bodies have surpassed it and, overall, there has been steady progress. The Bill provides an opportunity to give statutory backing to such positive action measures for the recruitment and employment of persons with disabilities in the public service. Such provision would build on existing employment targets and foster concerted action across the public sector.

A minority of people with disabilities have certain genetic conditions and in recent years there have been concerns about the impact of genetic testing on their ability to access certain services, which may reinforce a cycle of poverty and exclusion. In particular, this includes data used for insurance, mortgage and employment purposes. The Bill will aim to remove such barriers by including provisions aimed at enabling people with disabilities to access reasonable insurance cover for the purpose of house purchase, for example. It will eradicate certain loopholes that affect these people and enhance opportunities for economic independence.

The Disability Bill 2001 provided for the establishment of a centre of excellence in universal design to promote and support the adoption of principles in universal design, particularly by the key players who design, plan and construct our environment. Such a centre would respond both to existing Government commitments and to best practice under the e-Europe action plan. As Deputies will expect, a similar provision will be contained in the amended disability Bill.

With a broad policy base on the lines just described, the disability Bill envisaged by the Government will become a powerful catalyst for change for people with disabilities. It is important to recognise that the Bill is but one element, albeit a key element, in the framework being put in place by the Government to underpin the equal participation by people with disabilities in society. Other elements of the framework, with which we are all familiar, include: the Education for Persons with Disabilities Bill 2003; the Comhairle (amendment) Bill which will establish advocacy services for people with disabilities; the sectoral plans for key public services; and existing equality legislation and the Equality Bill 2004, which is being dealt with in the House.

Let us consider other elements of the framework. The Education for Persons with Disabilities Bill makes detailed provision for the education of children with special educational needs. The Bill is designed to address children's rights under Article 42 of the Constitution, which already entitles each child to free primary education. It establishes the national council for special education and sets out a range of services which must be provided. It includes a new framework for the assessment of and provision for the needs of children with educational disabilities.

The Comhairle (Amendment) Bill is being prepared in the Department of Social and Family Affairs. It provides for a new service, to be administered by Comhairle, to allow for the assignment of a personal advocate to persons with disabilities who require particular support in accessing social services.

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