Arthur Morgan (Louth, Sinn Fein)

I agree entirely with my Sinn Féin colleagues that this Bill cannot be supported because it is regressive and will not deliver equal rights for people with disability, but why should we be surprised at that when the Minister for Justice, Equality and Law Reform is on record as stating that he thinks inequality is good for the economy? That has been raised by at least one of my colleagues in the course of making a contribution. That is an important flaw that needs to be addressed by the Government.

All Sinn Féin Deputies spoke on various aspects of the Bill and I wish to highlight a few key concerns regarding Part 3 on access to buildings and services. The Disability Legislation Consultation Group, DLCG, correctly asserts that people with disabilities must have access to all buildings and services open to non-disabled persons. The DLCG wanted public services to be held accountable to specific timeframes within which accessibility and mainstreaming would have to be achieved. This was a reasonable request but the indications are that the Government will not meet it. We should be given a reason if this is the case.

The Government claims also that the Bill's provisions will "oblige public bodies to arrange for disability access". This is extremely misleading. If the Government wanted public bodies to provide such access, it would have specified as much in the Bill, which it clearly has not done. Section 23 states that public bodies must ensure that public buildings are accessible, but only "as far as is possible". This last clause renders the Bill absolutely futile in terms of the accessibility issue. Public bodies are also given until the end of 2015, more than a decade away, to comply with even that weak requirement.

Furthermore, a Minister can decide to make an order that part M of the building regulations does not apply to a public building for reasons such as that ensuring compliance would be too expensive or that the building is seldom used by persons with disabilities. This entirely undermines the concept of equal access as a right. Under this legislation, exclusion will continue. A recent statement from Dublin Bus illustrated this point in its announcement that wheelchair-accessible buses would not be available in Ballyfermot for several years to come. The Bill has turned on its head the concept upon which it should be based, that of providing real rights for persons with disabilities and obliging the public sector to become involved.

That there is still no unequivocal statutory duty on the public service has been identified as one of the ten fundamental flaws in this legislation by the DLCG. Many Members on this side of the House would agree that there are a great number of flaws in the Bill but the DLCG has identified the ten most significant. I have time to cite only a small number of them. A key recommendation of the DLCG is that the accessibility obligation and the complaints system should also apply to the private sector. The Bill ignores this recommendation and exempts the private sector totally from its accessibility obligations. This has a profound effect for another reason. As we see the Government increasingly rolling out the privatisation of services, the provision for an opt-out by the private sector will have an even more significant effect on services for persons with disabilities. It is grossly unfair that this is the case.

I cannot address the entire issue of disability and this legislation in particular without referring to an issue in my own constituency which is of profound importance to people, particularly those with intellectual disabilities. This is the situation in regard to St. Mary's respite services at Drumcar. In late 2002, a report was commissioned and completed within a month. All parties to that report agreed that 94 staff positions were necessary to provide the level of care required for an adequate respite service for persons with intellectual disabilities and their families. By early 2003, there was agreement by the Department, health board, management of St. Mary's and the families of those requiring the respite service that those 94 positions would be provided over a three-year period.

However, two years later, only 30 of the positions have been filled to date. Funding from the Department has not been forthcoming with the consequence that St. Mary's will have to terminate its respite services from 14 February 2005. The families of those persons who require constant care on a daily basis must try to manage on their own without any let-up. One such mother told me she was "worn to the bone" attempting to take care of her son who is a large man of more than 6 ft. tall. This unfortunate woman is solely charged with trying to manage her son and deal with all the health issues surrounding his case. She will be crucified in her struggle to provide adequate care because the Department has not provided the promised funding to St. Mary's.

This demonstrates the lack of commitment on the part of the Government to people with disabilities as much as any item in this Bill. It is most unfortunate that the Government is at best engaged in window-dressing. I hope some backbenchers will call the Minister aside and point out that this is unacceptable. It is wonderful to hear the Taoiseach claim he is a socialist for political reasons. However, we want to see the colour of his money in this area in particular.

The families about which I have spoken in Drumcar, which serves the entire north east, are in dire straits, worn to the bone in their efforts to look after a member with intellectual disabilities. All they are looking for is seven days respite two or three times a year. Even that limited provision will be cut off in a fortnight. I ask the Minister of State to raise this matter with his senior colleague and impress upon him the profound effect this will have on families in the area. I am aware the provision of services is in poor supply throughout the State but in this case the services will be terminated from 14 February. This matter has reached a critical point. I hope for some Government intervention to save the day before that date.

In conclusion, persons with disabilities deserve positive, enforceable rights. We want legislation that guarantees equal right of access to all people without discrimination. This Bill does not deliver to that standard. It is not good enough and should be sent back to the drawing board. I call on the Minister to do the right thing by withdrawing the Bill and consulting with the NGOs in the disability sector. Unlike the previous occasion on which they were consulted, the Minister should listen to what people in the NGOs have to say. The reports are already there and all we need is some action from the Government in this regard.

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