Bertie Ahern (Dublin Central, Fianna Fail)

The Bill is still before the House. It has not yet passed Second Stage. Discussions are ongoing. The Disability Legislation Consultation Group has been very much involved in the process over a number of years. I have attended a number of meetings with the leadership of the movement and we have discussed the framework for the Bill extensively. The remaining issue of concern prior to Christmas was funding and how we would roll that out on a multi-annual basis. We have dealt with that.

In our discussions the groups involved, who I find to be reasonable people, put forward various cases. I will examine the issue of the letters which was raised by Deputy Kenny. However, it is good legislation. In framing it we examined models in other parts of the world, in Australia, Canada, New Zealand, the United States of America, the UK and in different parts of Europe, and our legislation is very progressive.

There are demands from some people for some kind of rights based legislation that is lawyer driven, but such legislation does not exist anywhere in the organised world and neither would it be appropriate. Our strategy is rights based but it is not lawyer driven. Under the approach we have adopted people are entitled to an independent assessment of their needs, for which they have fought for many years, and I totally understand why they did that. There is a statement of services to which they are entitled. There is access to an appeal system to deal with complaints regarding the assessment of the service. If a service statement is laid out and people are not getting the service, there is an appeals process to deal with it. There is ultimate access to the courts to enforce the decisions of an independent appeals process. That is a very strong and significant power. There are transparent multi-annual funding commitments for current and capital spending and, most important, there is a clear and transparent sectoral commitment to provide for the needs of people with disabilities.

The Government's approach has been to develop a really good, powerful, strong, well resourced and clear Bill, which is welcomed by everybody. There is also the Comhairle (Amendment) Bill 2004 and the six outline sectoral plans in the key departmental areas, something for which the disability lobby groups and organisations have fought over many years. There is also a commitment to funding not only for this year but until the end of the decade.

I accept there are still issues the relevant groups want considered when we are amending the Bill. The Minister of State, Deputy Fahey, has already discussed these matters with me and with the Minister for Finance and we will respond on them.

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