Paddy McHugh (Galway East, Independent)

I wish to share time with Deputies Healy and Gormley.

I am glad to speak on the Disability Bill. This is the second attempt by the Government to introduce such a Bill. The first attempt failed miserably under a barrage of criticism from the disability groups. Unfortunately, it now appears that this second attempt will not provide the answers to the problems and is not the solution. The attempt to enact this legislation takes place against a history of neglect of the disability sector by successive Governments over the years. That neglect has led to a mistrust of governments by people with disability and for that reason, I fully support the campaign by the disability groups to put in place, once and for all, legislation which is foolproof and which, as far as possible, does not leave any loopholes through which this Government or future governments can evade their responsibilities. I hope the determined decision in the recent budget to put in place a €900 million multi-annual funding package will go some considerable distance to address the wrongs done to this sector of society over the years. This multi-annual funding is to be warmly welcomed and is certainly a very positive development.

The great expectation for the Disability Bill 2004 was that it would be rights based. It was more than expectation because Government appeared to confirm that it would be rights based. However, it is now very disappointing to find that promise has not been delivered on. I find the Taoiseach's reason for not doing so implausible. He has basically said that it is not rights-based because we do not want to spend all our time in courtrooms. This does not stand up and it is a very disingenuous and regrettable remark as it infers that the only reason the disability groups want the legislation to be rights-based is so that they can go to court. In reality nobody wants to go to court and least of all the disabled and their representative groups. They find it hard enough to survive and progress without having to engage in courtroom battles with the establishment.

It is very simple. The legislation should be rights-based because disabled people are entitled to their rights and this principle should be enshrined in legislation. In 2003 the disability legislation consultative group published a report entitled, Equal Citizens. This report contained many principles and recommendations. However, it is now a great disappointment that this Bill does not contain many of the principal features and recommendations of that report. This is very regrettable as the report contained the agreed vision of the disability sector on disability legislation.

I will now outline a number of specific flaws in the Bill, which have been highlighted by the disability groups. The definition of "disability" is too narrow and is not consistent with other legislation. For example the definition of "disability" in the Equal Status Act 2000 is more inclusive. The disability groups contend, and I agree, that the current definition of "disability" would exclude many people with disabilities who require services. For example the Brainwave organisation has stated that people with epilepsy would not qualify as disabled and consequently would not be entitled to access to services to which they are at present entitled such as disability allowance and occupational therapy. While the Minister of State has rejected this view this evening, I await further clarification.

The Bill does not provide the right for an independent assessment of needs and it does not address the individual's rights to have their unmet needs addressed over time. The proposed appeals system is too complicated. It is recognised that the appeals process would create a great deal of unnecessary bureaucracy resulting in resources being diverted from the provision of services on which they should be focused. The proposed system entails the system appealing to itself, which is unacceptable and must be changed. It is vital for the integrity of the legislation that the appeals system be independent of the Department of Health and Children.

The Bill makes no provision requiring Departments and public bodies to include people with disabilities in their plans and services with appropriate monitoring. The Bill applies itself to the health and educational needs of people with disabilities. However, these people have other needs such as housing and employment needs. The provisions of the Bill need to be expanded to encompass those areas. While the disability legislation consultative group also proposed that the implementation of the legislation be reviewed after three years, regrettably this provision is not contained in the Bill. This omission needs to be addressed to allow for regular monitoring.

While one can have all the legislation one likes if the resources are not provided to meet the needs, it is useless. The Bill should provide for the clear ring fencing of specific resources. The deficiencies I have outlined need to be addressed and rectified if we are to progress in the confidence that at long last people with disabilities will get their rightful dues.

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