Dáil debates

Thursday, 27 January 2005

Disability Bill 2004: Second Stage (Resumed).

 

2:00 pm

Photo of Trevor SargentTrevor Sargent (Dublin North, Green Party)

Gabhaim buíochas leis an Teachta as a chuid ama a roinnt liom.

We have waited a long time for the Disability Bill but those of us who attended large meetings in the Mansion House which advocated rights-based legislation as a basic requirement for the Bill have been sadly disappointed. That disappointment remains at the heart of much of the concern raised and will result in this Bill falling far short of the expectations held by many over a long time.

This Government is not fond of rights-based legislation. Whether it is prepared to enact rights-based legislation is a test of how it cherishes the children and people of the nation. The Government does not seem to recognise the need for this type of legislation and has fallen far short of its responsibilities, not just of people's expectations.

The disability legislation consultation group made clear recommendations that assessment of the needs of people with disabilities must include accommodation. This Bill, however, does not include that need. For example, Part 2, section 7, requires assessment of a person's health and education needs but not housing. This legislation needs to go back to the drawing board. The Green Party will vote against it on the basis of its inadequacies.

People with disabilities have waited far too long only to be given a sop which will pressurise them again to contemplate court action, an expensive, time-consuming and traumatic route. I thought we might be moving on from that phase, having learnt the lessons of the past but it is sad to see that the Government has not done so.

The disability groups and those with disabilities, organising and working together, have managed, despite the Government's foot-dragging, to provide fantastic facilities, albeit with occasional help from the Government, which is appreciated, and to their credit they have also maintained morale and co-operation. The Special Olympics, run by Mary Davis and her team, and all those involved around the country, including my town, Balbriggan, which hosted the Pakistani team, demonstrated that people with disabilities are part of the community. They are to be cherished and hopefully the community will give them priority, which will have political repercussions. If people with disabilities do not secure the rights-based legislation that is their minimum entitlement, it will have repercussions throughout the community.

The Government needs to learn that lesson fast. The issue is not just letting down people with disabilities, but letting down the whole community which has a basic sense of justice in respect of people with disabilities.

The Comhairle Bill is also required and is on the way. It will need to be assessed from the point of view of people with disabilities. Entitlement to services and information in that scenario will also raise questions regarding rights-based legislation.

The Government should recognise and note from countries elsewhere that rights-based legislation is not something of which to be frightened or that would cause concern to the Department of Finance. It is a basic requirement. As a country we are failing not only our most vulnerable but all our people if we do not look after those with special needs. As Ghandi said, the greatness of a nation is to be judged on how it treats its most vulnerable. If that is to be a measure of this Government's performance, it is failing abysmally.

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