Billy Kelleher (Cork North Central, Fianna Fail)

Disability must be debated in an open forum like this. Fianna Fáil gave a commitment in 1997 to bring forward a disability Bill but it was later withdrawn. That, however, afforded an opportunity for people representing disability groups to come forward and discuss these issues on a broad, consultative basis, ensuring their views were heard.

There is no doubt looking back that people with a disability were marginalised. They had no advocacy groups and often those with disabilities or those caring for them did not have the time or resources to express their views, to get involved in organisations or to highlight the concerns and needs of the people they represented. The disability Bill introduced in 1997 stimulated debate and brought about a consultative forum where people could highlight their concerns and needs in caring for people with disabilities and the challenges faced by those with disabilities.

Deputy Deenihan is right, until recently most public buildings were inaccessible to people who were wheelchair dependent. It is a sad indictment of our society that we have to introduce legislation to ensure there is access to public buildings. It should be standard building practice to make provision for people with disabilities at main entrances and exits.

That lack, however, indicates the era we were coming from, a time when government did not discuss disability because there was no effective lobby group to highlight the concerns of the people with disabilities. Every Deputy has chased health boards, tried to secure occupational therapist visits to houses for people with disabilities and gone to Departments to highlight constituents' needs. This Bill tries to address the concerns Deputies opposite and the Disability Federation of Ireland have raised. It is appropriate, therefore, that we acknowledge that we have come a long way in our approach to disability.

All Deputies agree that more needs to be done. A major package of €890 million was announced in the budget to ensure funding would be in place to address the deficiencies in the health and education systems in addressing the concerns of people with a disability. As a result of the Supreme Court decision on 15 February the Exchequer faces a huge bill to repay moneys that were taken illegally from people in long-stay nursing care. I diverge slightly from the Disability Bill, but it is important to state that without resources any Bill passed in this House is merely aspirational. We should consider availing of the National Pension Reserve Fund on a once-off basis to pay the bill that resulted from the Supreme Court decision. If we are serious about addressing the concerns of people with disability and of people who may not have a disability but who need other forms of medical care, we should access the National Pension Reserve Fund to ensure that those who need services now will not be denied them. I am quite sure, given the buoyancy in the National Pension Reserve Fund and the efficient manner in which it is being managed, that we will make up the resulting shortfall before we begin accessing it for pension purposes in 2025.

I understand there is €11.5 billion in the fund invested in various stocks and bonds and that the possibility of branching out into private property and public private partnerships is being considered. I believe the people who will be dependent on the fund in the future for their State pensions would agree to it being accessed at this juncture to ensure the provision of the myriad of services needed in specific areas, one of which is the disability sector. There were commitments in the budget. People speak about ring-fencing particular areas. However, by ring-fencing one area we deny other areas. For that reason I have tabled questions to the Minister for Finance and the Minister for Health and Children regarding accessing the National Pension Reserve Fund and I look forward to receiving their answers. I am sure the parties opposite would support such a measure, given that the Exchequer potentially faces a bill of more than €2 billion if we do not invoke the statute of limitations regarding claims.

On the Disability Bill, I understand solicitors are advertising to encourage people to go to a solicitor on foot of the Supreme Court decision on nursing homes. Businesses must try to encourage clients to use their services. However, it is disingenuous of solicitors to actively encourage people to use their services with a view to accessing moneys when the Government brings forward its proposals. They might have waited until the Government had addressed the issues raised by the Supreme Court decision and had brought forward a mechanism, which would be published and debated in the House. If there were deficiencies at that stage solicitors could advertise and encourage people to instruct a solicitor in order to access what was rightfully theirs. What they are doing is like objecting to a planning permission before the application is lodged.

That situation would be mirrored in the potential of the Disability Bill if it were rights based. The Government is elected and it is in this Parliament that decisions must be made regarding the disbursal of revenue. No group is more entitled than the disability sector. Equally, nobody should head for the Four Courts to access their rights. That would result in diminishing the available resources and the State would be continually in the courts denying people their rights because those rights are resource based. The State would end up paying huge legal bills to solicitors and individuals. At the same time the rights of people who do not go to court would be diminished. Rights based legislation would deny the rights of people who, for various reasons, do not want to access the courts. There would not be a level playing pitch if the Government were to introduce the rights based legislation that some people in the disability area want. I understand their arguments because the issue is a very emotive one. It is traumatic for families and for people with disability. They want to know why they are not entitled to the services they need. Equally, there are many people involved, and in a rights based system the people who do not shout loudly will be left behind. Public policy should not be decided on the steps of the courts.

Needs assessment is an area we need to examine. If a person is assessed and deemed to need certain services that are not immediately available, how often will that person be entitled to a needs assessment? Their medical or psychological condition might deteriorate while they are waiting for a service to come on stream. Will they be entitled to a further assessment? Clarity is needed in the legislation to ensure that if a person's needs are assessed and the services they need are not immediately available but later come on stream, their original assessment will be brought up to date. That is an area that must be addressed.

Regarding the availability of resources, if we do not rapidly increase the numbers of speech and language therapists, occupational therapists, physiotherapists, psychologists and other specialists, we could end up with many people assessing people's needs and not enough people delivering services. If we do not increase the number of university places in those disciplines or advertise abroad for people with these skills, we will be continually assessing people and using up the resources needed for the provision of services.

It frustrates people that funding is available to alter a house for a person with a disability but it takes ages to get an occupational therapist to sign off on the need for a downstairs toilet or wheelchair accessible shower. It should not be necessary for an occupational therapist to visit a home to assess what is required. We need to expedite that part of the process. It is issues like this that frustrate and infuriate people with a disability or family members trying to cater for a relative with a disability. I appeal to the Minister to come up with some way of addressing this blockage in the delivery of good, positive front line service that could make an immediate impact on a person's quality of life. County councils and city councils should have people who are engaged on this work full time and when an application is received they should inspect the house, see what is required and supply it. People have had to wait months and, on occasions, years for an occupational therapist. I do not blame occupational therapists. Obviously there is a shortage of occupational therapists, speech and language therapists and physiotherapists. There is a shortage of those at the front line who try to ensure that after an assessment the services are provided. If in law there is a right to assessment I fear that if the number of places is not increased dramatically and quickly we will end up assessing everybody and not providing any frontline services to those assessed.

There is no doubt there have been many positive aspects in terms of mainstreaming in recent years. However, schools are finding it more difficult to cope in trying to provide mainstream education. I have met parents and teachers who are at their wit's end because they genuinely need more support to bring a child into mainstream education. This will have to be addressed in a forthright manner. If we are seriously committed to mainstream education resources will have to be increased. I recognise the budgetary package has been announced and that there is provision for the whole area of mainstream education. It is creating huge problems in schools which are trying to ensure a person with a disability is given the opportunity to be educated in mainstream education to enable him or her reach his or her full potential under Article 42 of the Constitution. We have a long way to go.

Rather than provide a mediocre service in every school good quality services should be provided in one or two schools in a particular area which would be the driving force in providing mainstream education facilities to those with a disability. Rather than dilute the services across every school the services should be put in place in schools that are accessible to the bulk of the community and front-loaded with the major supports. There are cases where teachers in rural schools are not able to cope unless more resources are put in place. There may be only one or two children who are drawing on the resources but need full-time care. That issue needs to be examined. Transport must also be taken into account if we are serious about and committed to mainstream education.

The equality legislation ensures that those with a disability are not debarred from the workforce. Given the percentage of those with a disability in the workplace this is a matter that needs to be addressed. It cannot be addressed solely through legislation — there must be a mind change among employers. There must be recognition that a person with a disability has much to offer. That a person has some form of a disability does not mean he or she cannot partake positively and productively in the workforce. We can have all the legislation in the world but until such time as there is a change in the mindset progress will not be made in this area.

This debate on disability is a positive step because it brings the issue to the fore. For many years as Deputies and public representatives we highlighted the problems of individuals rather than seeking a strong, structured advocacy organisation to highlight the many concerns.

It may be worth considering the establishment of a review group on a statutory basis to monitor the implementation of this legislation. It is fine to pass this legislation and hope the services will be in place. If the assessment area is not functioning properly and in the event of a breakdown in the perceived independence by people a review mechanism should be put in place on a statutory basis, independent of the Health Service Executive and the assessment structures. The review group should be from a wide section of the community with the necessary expertise and should assess whether the Disability Bill, with the resources available, has a proper impact on addressing services for those in the community with disabilities. In the area of assessment, there will obviously be challenges and, perhaps, the Health Service Executive and the independence of the assessors will be challenged in the courts. There should be a group of people who would analyse whether the intention of the Bill and the resources that will be provided in the disability package in the budget and elsewhere in the various health budgets are having a profound and positive effect on those with disabilities.

This is a positive step. We have already withdrawn a Bill because of rights-based issues. I wish for a positive debate. However, there are a few issues that have to be thrashed out on Committee Stage. When it is passed I hope it will make a positive contribution and increase the quality of life for many with disabilities.

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