Séamus Healy (Tipperary South, Independent)

I am pleased to have the opportunity to speak on the Disability Bill. Obviously I welcome the multi-annual funding package recently announced by the Government, which will go some way towards addressing the historical under-funding of services and supports for people with disabilities. While the funding is important it only represents part of the solution. People with disabilities can only become truly equal citizens through legislation that ensures, promotes and enforces their status as equal citizens. In Ireland people with disabilities have the same rights as everybody else. We need people with disabilities to be able to exercise those rights.

The disability legislation consultative group identified ten flaws in the Bill in two key areas, namely the access to specialist services and public services. While these flaws have been mentioned during the course of the debate, they bear repeating. Fundamentally the definition of "disability" in the Bill is too restrictive. Many people who require services will be excluded under the terms of the Bill. Some people who already receive services may also be excluded. People will have no right to an independent assessment, which is a major issue for disability groups. No provision has been made for people to have all their identified needs met over time. The complaints system is cumbersome, expensive and basically incapable of taking account of disabled persons' needs.

Fundamentally the Bill is not rights-based. It protects the State's right to refuse services to disabled people by implementing in legislation clauses such as "where resources permit" or "where practicable". It does not contain a statutory duty to mainstreaming and does not extend to the private sector. It pays little or no attention to existing equality legislation and its enforcement mechanisms. The various sectoral plans are not underpinned in legislation. As many Deputies have already said, section 19 has a very similar if not identical effect as section 47 of the disability Bill that was withdrawn some time ago.

In the area of specialist services, the Bill fails to ensure that people with disabilities have access to the high-quality specialist support services they require to participate in and contribute to society. The Bill currently offers only a flawed and bureaucratic system, which guarantees little more than what is already available. Disability groups and individuals have serious concern about the Bill not providing for an independent assessment of needs, services and complaints. In the Bill as proposed the assessment officers will be responsible for deciding what services a person needs and the liaison officers will be responsible for arranging the delivery of those services and as such will have enormous power. However, these officers will not be truly independent. The Health Service Executive will employ them. The complaints and appeals system is so complex and bureaucratic that it will only discourage people from using it. As the complaints officers will be employees of the Health Service Executive, they cannot be deemed to be truly independent. Many people with disabilities and their families have enough to do without having to fill in endless forms and attend various meetings.

Section 19, which has already been mentioned, prevents people from going to the courts, except in specific circumstances. One will be able to appeal to the Circuit Court and one will be able to go to the High Court only on a point of law. Truly independent assessment officers, liaison officers and complaints officers are needed. They should not be employees of bodies like the HSE.

The Bill does not guarantee the ring-fencing of funds for disability services and supports. It has been claimed that the Bill ensures that the Minister will have to set aside a pot of money to be used for disability services only. However, the Bill limits the amount of money that the Minister can spend on such services. Funding for disability services will be provided only after the Minister has provided funding to meet all other services.

Disability groups and individuals have a particular difficulty with the Bill's provisions in respect of mainstreaming. The Bill does not promote the inclusion of people with disabilities in all public policies and services. It does not oblige Departments and publicly funded bodies to ensure that all services are made available on an equal basis to people with disabilities.

The Government has produced draft sectoral plans for the various Departments. The plans, which are vague and general, do not address important issues. The plan for the Department of the Environment, Heritage and Local Government, for example, does not outline how the Department plans to respond to the need to house people with disabilities. More importantly, the Bill fails to oblige such statutory bodies to ensure that people with disabilities are included in the development of their policies, plans, programmes and services.

The disability bodies and individuals have serious concerns about the Bill before the House. They are disappointed that it is not rights-based legislation. It will need significant amendment if it is to meet the demands of such groups and the needs of people with disabilities.

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