Dáil debates

Tuesday, 22 February 2005

Disability Bill 2004: Second Stage (Resumed).

 

6:00 pm

Photo of Donie CassidyDonie Cassidy (Westmeath, Fianna Fail)

I was born into the Fianna Fáil Party. Colleagues who were in the party for a time are now enjoying the pleasures of the Opposition benches. I fully respect everyone's view and the democratic rights of constituents who have proven loyal and faithful to Deputies.

In its submission to me, the Disability Federation of Ireland described the recent announcement of funding as an "unprecedented and welcome development by Government." It added that while the new funding is important, it is only part of a difficult solution. It continued:

We believe that, if people with disabilities are to become truly equal citizens in Ireland, this can only be achieved through legislation that ensures, promotes and enforces their status as equal citizens.

In Ireland, people with disabilities have the same rights as everybody else. What we need is to be able to exercise those rights. If the Bill is adapted to provide for specialist services and secure the inclusion of people with disabilities in public policies and services it will vindicate in legislation these rights. People with disabilities will have become equal citizens in Irish society.

Maria Fox, regional support officer of the Disability Federation of Ireland, asked me to raise ten points about which the organisation has serious concerns. The DFI argues that the definitions of disability are too narrow and that the Bill must provide a clear right to an independent assessment of need. It also contends that the Bill must provide for an individual's rights to "progressivity" on unmet needs, identified in the assessment report. This must be done annually or whenever there is a change of circumstance. The DFI believes the complaints system is too complex and must be simplified and made more accessible. Moreover, the appeals system must be independent of the Department of Health and Children and should perhaps come under the aegis of another Department.

The DFI asserts that the Bill must provide for a clear ring-fencing of disability-specific resources. It must also provide for a clear statutory duty on all Departments and public bodies to include persons with disabilities in their plans and services and to establish appropriate monitoring and accountability mechanisms. Public services should include all those provided in the public system by statutory and non-statutory entities. The DFI contends the Bill does not take into account the wider context. For example, it claims the Department of the Environment, Heritage and Local Government has not addressed some housing needs. The DFI further observes that clarity is needed on the impact of this Bill on section 14 of the Equal Status Act 2000. Its final point recommends a review of legislation after three years.

These are the concerns expressed by the DFI, which I have given my word to read into the record of the House. However, as a Member of this House for 23 years and a member of the Midland Health Board for 18 years, I recall difficult times in the 1980s, as will other Members such as the Leas-Cheann Comhairle and Deputy Michael Higgins. In 1987, after the Midland Health Board had put through its estimates, I drove home from Tullamore to Castlepollard and wondered what dreadful event had occurred when I discovered more than 40 cars outside my home. These were staff who had been put on protective notice in the local hospitals.

We have come a long way in providing for the needs of those who have never had an opportunity to grasp the benefits of the Celtic tiger. It is only with the return of the tiger that the difficult question of funding in this area has begun to be addressed under the aegis of a Minister for Finance who was formerly a Minister for Health and Children. It was a pleasure to be in the House on budget day to learn of the initiatives in regard to the funding for disability services.

I do not wish to be political in my contention that the difficulties in my constituency are no greater than those in the constituencies of other Members. However, if we put our hands on our hearts, we must acknowledge that this Bill represents a decent start. There is a long way to go and many issues to be addressed in providing for those who find themselves in this unfortunate position. All Deputies want to see a decent and well-formulated approach in regard to the needs of those with disabilities.

The provisions of this Bill have been carefully considered by the Government over the period since 1997. The Taoiseach has taken a personal interest in assisting the Minister for Health and Children during these deliberations. As much as possible should be done in the next several years, while decent funding is available from the Exchequer, to ensure that those in urgent need of assistance are given a reasonable quality of life. All Members agree that this is their entitlement. I hope the Bill has a safe passage through the House and that the Minister will find ways to accede to the concerns of professionals. The DFI is at the cutting edge and has daily experience of the ongoing problems in this area. The issues that organisation has identified should be addressed, either through this legislation or in the near future.

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