Paul Kehoe (Wexford, Fine Gael)

I am delighted to have the opportunity to speak on this important Bill. I too hope we can have a debate that will bring together the views of all sides. Everyone in this House is concerned with the issue and feels strongly the need for change. This cross-party belief and commitment are unique. Despite this it has taken more than seven years for this Bill to come before the House. There has been widespread despair and a sense of betrayal among people with disabilities, their families and groups representing them.

As one drives through towns and villages across the country one sees in many places the Bank of Ireland sponsored 'host town' signs for the Special Olympics which bring back memories of pride, inclusion and community spirit. The enthusiasm, colour and celebration of the games were captivating. The many volunteers and people in host towns deserve credit for having made the athletes feel welcome. It was one of this nation's proudest achievements when the focus was on ability, not disability.

After the games there was a sense of anticipation and hope that a rights-based Disability Bill would be introduced soon. Almost two years later we are only on the Second Stage of the Disability Bill. The Taoiseach dashed the hope of a rights-based bill at the end of 2003, the year that Ireland hosted the Special Olympics and the European Year of People with Disabilities. Despite significant support for people with disabilities, they continue to be neglected at every level of public policy. As our party spokesperson on disabilities, Deputy Stanton, pointed out last May, speaking on a Private Members' motion on disability: "We disable people by not providing the appropriate supports they need to reach their potential." We must not place barriers in these people's way.

Resources in this area are insufficient, and there is no strategic thinking, planning or political commitment to rights. As Deputy O'Sullivan stated in this House on the same Private Members' motion "the truth is that no service providing agency in Ireland in any area of disability service is able to plan for the future." In every aspect of services for the disabled there is queuing, rationing and under-provision. In some cases there is no service provision at all and in many cases there is a battle for every service, no matter how small.

There are many types of disability, each requiring different types of service provision: intellectual disability, physical and sensory disability. Mental ill health is the cause of 20% of all disability. Some people are born disabled and some become disabled as a result of an accident or an illness. Disability is permanent and life changing not only for the disabled person but for his or her family. As Deputy Olivia Mitchell stated on a previous occasion, "the greater the disability the greater the dependence, the greater the impact on the family and the greater the change they must endure".

The definition of disability contained in the 2004 Bill will exclude many people who have various types and degrees of disability and who have access, and other, needs. I welcome the provisions in the budget for people with disabilities. Only with a combination of adequate funding and proper rights-based legislation will the plight of people with disabilities and their families improve. According to the Combat Poverty agency people with disabilities are at the highest risk of poverty. Only 42% of people with disabilities are in employment, half the rate of employment among the rest of the population. The reality for many without the adequate resources is that they are institutionalised.

The Government must supply funding and support to ensure that people with disabilities can meet their needs whether in the areas of housing or education, and have adequate standards of living or health. The Bill does not provide sufficiently for this.

Equal citizenship rights are required for people with disabilities. It is unacceptable that one in every ten citizens here does not enjoy the same rights as the other nine. It is also unacceptable that people with disabilities must rely on the goodwill of the general public. Every day people reach deep into their pockets to contribute to funds for people with disabilities. Were it not for the goodwill of people inside and outside this House who do this, the disability sector would be in serious trouble given the lack of Government funding.

People with disabilities should enjoy the same rights and privileges as their fellow citizens and not constantly have to try to convince the Government of that. One of the submissions to the Commission on the Status of People with Disabilities stated "All that is required is a little respect and basic needs and rights. Surely that is not too much to ask." For the Government to claim that rights are too expensive is unjust. A civilised society recognises the human rights and dignity of people with a disability and supports them where necessary, and provides the care they need.

We must ensure those who are marginalised and under valued are allowed to achieve their full potential and are supported in doing so. In 2002 the United Nations committee on economic, social and cultural rights sounded its worries about the persistence of discrimination against people with physical and mental disabilities in Ireland. As Deputy Stanton pointed out on a previous occasion we have a major social crisis caused by the persistent marginalisation of people with disabilities.

There is no reason to think a proper rights-based Disability Bill would lead to further litigation and the 2004 Bill is not a proper rights-based Bill. Families are being forced into court in an attempt to get services, support and rights. It is an insult to these families that Ministers say that if they are granted rights, they will spend all their time running to the courts. The introduction of a comprehensive set of rights for people with disabilities will not bankrupt the State; it would challenge the system to respond appropriately. Strong legislation is required so that people will not have to go to the courts. There must also be collective responsibility and joined-up government for the effective implementation of legislation on disability. We must ensure that money is spent in a cost-effective way and delivers appropriate services and supports for the people for whom it is intended.

I am happy that at last the Bill has come before the House but I am unhappy with its quality and content. I do not reject this Bill for to do that would be to waste another three years as happened with the withdrawal of the Disability Bill 2001. I will have to oppose certain aspects of the Bill, after speaking to my colleague Deputy Stanton. We will not let the Government off the hook. It is our duty and responsibility as legislators to ensure that when the Bill is enacted it will be improved legislation. Like my colleague, Deputy Stanton, I challenge the Government and the Minister of State, Deputy Fahey, to engage in real, vigorous and forensic debate on the Bill and to approach it with an open mind.

There is much work to be done on the legislation. We in Fine Gael believe it is seriously flawed and obtuse and in some ways further entrenches what is already a seriously dysfunctional system. The language used is opaque and almost unintelligible at times. The structures it envisages appear to be overly bureaucratic and its effect may be the opposite of what was intended. According to legal experts, the Bill is overly complex, convoluted and incomprehensible, and this was intentional and avoidable. It appears that one must be a legal expert to comprehend fully the complexities of the legislation. Was it designed so that ordinary members of the public could not understand it? That appears unlikely. The Bill makes little reference to making the material easy to read or to phrasing it in simple language for people with an intellectual disability. It is not only badly written, it will deny greater equality to people with disabilities.

I hope the Government will accept the amendments tabled by the Opposition. A number of amendments will be tabled on Committee Stage. There is an onus on Members on both sides of the House to ensure that the legislative process will do what it is supposed to do. We can make real improvements to the Bill if the Government listens to Members on all sides of the House.

One problematic area in the Bill relates to the definition of "disability". It appears to be a definition that will exclude people with disabilities. The definition adopted is unacceptably narrow. It will reduce the numbers qualifying for assessment of need, exclude those who require early intervention measures and exclude people with episodic needs. The definition is comprised of many issues that need clarification. The notion of the medical model of disability on which the definition is based is outdated. Deputy Lynch previously highlighted that if a person has a disability, he or she may fail to qualify for an assessment of needs under the provisions of the Bill. However, if such a person's public service employers have a quota to fill, they will be able to include that person as one of the people with a disability they employ. This is utter hypocrisy from the Government's point of view. They should not be allowed to have butter on both sides of their bread.

As I stated, one of the major problems with the Bill is that it will lead to more bureaucracy. Extra layers of bureaucracy will make matters more cumbersome and lead to misuse of resources. Hundreds of officers will be involved, including officers for assessment, liaison, complaints and appeals. These numbers need to be reduced. Surely there is no need for all these layers. Can the same person carry out two or more of these functions? The Government has a record of increasing spending and increasing the layers of officialdom, yet achieving little in terms of real improvements in services. We have seen this happen in the health service and in numerous other areas. The same things cannot be allowed to happen with this Bill. There is a real danger here that extra staffing will take from the delivery of services.

An area of the Bill that is overly bureaucratic is the complaints and appeals process. It is too complex and needs to be simplified to make it more easily accessible. Under section 2, the complaints and appeals system is designed to limit enforcement. Due to the constant reference to resources, it is arguable whether there is a right to enforce. Access to the Circuit Court is only to enforce the decisions of an appeals officer or complaints officer. Access to the High Court is only on a point of law. A review system should be built into the legislation so that we can take a look at it in two to three years' time and see what works and what does not work. I recommend this to the Minister.

Another problem with the Bill is that it does not refer explicitly to housing. It provides a statute-based right to an assessment of disability relating to health, personal, social service and educational needs. This should be amended to include provision for the assessment of housing and accommodation needs. As some of my constituents in Wexford have experienced, there are problems with disabled persons' grants. The Bill should refer to the needs of people with disabilities in regard to housing and accommodation. According to the Irish Council for Social Housing, many low-income disabled people are unable to access suitable accommodation. This must be changed. The issue of independent living must also be addressed. People with disabilities should be enabled to live as independently as possible and provide the support and services necessary for them to do so. Provision of more centres for independent living are necessary and the Minister should consider this.

The Bill does not honour the commitment in An Agreed Programme for Government. It does not appear to be anything like the type of Bill to which the Government committed. The commitment given in An Agreed Programme for Government stated, "We will complete consultations on the Disabilities Bill and will bring the amended Bill through the Oireachtas and include provisions for rights of assessment, appeals, provision and enforcement." The word "right" is nowhere to be found in either the title of the Bill or the Bill itself. The Short Title of the Bill makes it clear that funding for disability services will not be a priority. It reads as follows: "An Act to enable provision to be made for the assessment of health and education needs occasioned to persons with disabilities by their disabilities, to enable Ministers of the Government to make provision, consistent with the resources available to them and their obligations in relation to their allocation, for services to meet those needs." What will be left over will go to services for people with disabilities. They will not be prioritised. There is no ring-fencing of funding for disability. There is also no right to an independent assessment of need.

The Bill is clearly resource-based rather than rights-based. The Government has the perfect legal defence, which allows it to cite resource restrictions under the provisions in section 5 of the Bill. The legislation exempts the private sector from accessibility obligations, which is a direct contradiction of the recommendations of the Commission on the Status of People with Disabilities.

What must be worrying from the point of view of a person with a disability is the use of the word "practicable" as highlighted by Deputy Cuffe at the end of the year. This indicates that it may not be practicable for the State to meet their needs. I pay tribute to those who have lobbied us and those who are campaigning tirelessly for the rights of people with disabilities. It is unfortunate that their struggle for rights will have to continue.

I will conclude by referring back to the letter Deputy Stanton read in this House on 4 November. A father wrote the letter conveying his despair over this Bill to his 11 year old son who has a disability. The lines that touched me in the letter read as follows:

Poor Mark, if you only knew what threat you are. Your life is not to be facilitated without being shackled to the 'availability of resources' or the grey notion of practicability. We are not looking for money. We are looking for security. We are not looking for everything now. We knew it would take time. A slap in the face, that is what we got.

Everyone in this House owes it to children and adults with disabilities, and especially their families, to improve the Bill and make it work effectively, which can be done. While we must recognise that legislation will not solve all the problems, it is vital that we endeavour to amend this legislation for the better. Fine Gael believes that the Bill needs to be taken apart and put together properly. If this is done correctly, it should result in people with disabilities being finally able to take their place as equal citizens of the country.

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