Dinny McGinley (Donegal South West, Fine Gael)

Tá áthas orm cúpla focal a rá ar an mBille tábhachtach seo. It is accurate to say the issue of disability has had a rocky history as far as the Government and its predecessor are concerned. I remember when the first Disability Bill was published in 2001, which was prior to the previous general election. The then Minister of State at the Department of Justice, Equality and Law Reform, Deputy Mary Wallace, was responsible for the Bill but one could stay it was still-born because it made no progress after its introduction. There was an outcry about the inadequacy of its provisions. The Government regrouped and promised a new rights-based Bill after the general election. Today we are discussing the provisions of the present Bill which are too little, too late.

The Disability Bill 2004 is far from perfect in its current form and may exclude more people with disabilities than it includes. Without exception, the 40 representative groups, including People with Disabilities in Ireland, which have made submissions on the Bill to the Oireachtas Committee on Justice, Equality, Defence and Women's Rights expressed serious reservations about the legislation and called for substantial amendments to its provisions.

We have rafts of good equality legislation outlawing discrimination and advocating equality for people with disabilities. In this context, it is, sadly, all the more ironic that the only legislation before us that contains the word "disability" in its title should have the effect of excluding rather than including the very people it is supposed to protect. There is real concern among representative groups and in the Equality Authority that this Bill could undermine current equality legislation and may have the effect of diminishing the equal status of people with disabilities.

I hope the Oireachtas will be able to reach agreement on amendments to this Bill. The manner in which it is eventually enacted will dictate the kind of society we have and the extent of our commitment to inclusiveness. It is our responsibility as legislators to ensure that when this Bill is enacted it is the best possible Act in this area. It is our duty and moral responsibility to ensure the delivery of quality service and support to remove barriers which hamper full participation in society. We want the Government to work with us during the remaining Stages of this Bill to improve this vital legislation.

The Bill falls far short of the rights-based legislation promised to people with disabilities. The legislation fails to incorporate many of the core principles and recommendations proposed in the report published by the disability legislation consultation group, Equal Citizens, in February 2003. This report represents the collective, agreed vision of the disability sector on disability legislation. Given this process, we are very disappointed with this Bill.

The Bill requires major reconsideration and amendment if it is to vindicate the rights of people with disabilities. The definition of disability in the Bill is too narrow and inconsistent with that in other Acts. For example, the definition in the Equal Status Act 2000 is much more inclusive. The definition in this Bill would exclude many people with disabilities who require services. The Bill does not provide for a right to an independent assessment of need and does not adequately address the individual's right to have his or her needs met as identified in the consultation group's report.

The appeals system proposed in this Bill is far too complex and cumbersome. Not alone will the procedures be difficult and frustrating to get around but it will create a great deal of unnecessary and expensive bureaucracy, resulting in resources being diverted from the provision of service for people with disabilities. The appeal system should be independent of the Department of Health and Children which is responsible in this area.

The barriers we place before people and our attitudes to their participation are more disabling than any impairment they may have. Our State has treated people with disabilities shamefully over many years. This was not done out of malice but because public systems, policies, administration and service delivery did not consider that people with disabilities also had a reasonable expectation of engaging in the opportunities and challenges of life in this State.

In the past people with disabilities were viewed as people who must be cared and catered for in exclusion. The old medical model of care for people with disabilities is changing to the socially inclusive model. We now recognise that we must uphold the right of people with disabilities to participate fully in society. The key issue is to rectify for the future the continuing wrong that has reduced the life chances of people with disabilities, their families and carers.

Change is happening and the major catalyst for this has been the actions of people with disabilities and their families. They have come out of the shadows to declare themselves citizens of this State who want to be included and have much to offer. They emphasise that they have the same rights and needs, hopes and expectations, fears and problems, as everyone else. They can contribute and want to be enabled to do so. It is our responsibility that they be so enabled.

Last December I had the privilege of launching a report on access to education for people with disabilities in my county, Donegal. Some of the research findings were positive, others were very negative. It is shocking that over half of the schools in Donegal are inaccessible to people with disabilities. It is even more shocking that there are almost 450 young people with disabilities studying in these inaccessible schools. The education system is a challenge in itself. The added burden of inaccessibility and inappropriate accommodation demands extra effort and sacrifice. This must be addressed.

The national disability strategy published last September and underpinned by budgetary measures since then goes some way to address the issue of inaccessible buildings, but the timeframe envisaged is too long. We cannot afford to exclude present and future generations from education and life chances by physical barriers. We must play catch-up as soon as possible. I would take this one step further, all schools, regardless of whether they have pupils with disabilities on their rolls, should be made accessible without delay. This is an important principle of public policy.

For whom are the public services, financed by our taxes, designed? Are they for everyone or only those who fit into the narrow definition of normal, the people who fit into a certain mould? How would we react if our public services suddenly became inaccessible or resource dependent for people with brown hair or blue eyes, or a particular accent? What would we say if our children were suddenly deemed to be too expensive or too different to cater for, or if we were told we would not be allowed access to education because people like us did not come often enough to such buildings to justify accommodating us?

The Department of Education and Science must concentrate not only on refurbishment but on accessibility and must recognise the additional cost of maintenance of special facilities. The Education for Persons with Special Educational Needs Act 2004 began as very different legislation. Many disability advocacy groups opposed many of its provisions. There was concern about many definitions and it was hotly debated here. The then Minister for Education and Science, Deputy Noel Dempsey, did not stand on ceremony, for which I give him credit. He engaged with the Opposition, particularly my colleague, Deputy Stanton, amended his legislation and accepted many Opposition amendments, in fact and in spirit, even to the point of changing the title of the Bill from the inappropriate Education for Persons with Disabilities Bill.

The legislative process did what it was supposed to do. As someone said afterwards, the system did work. The Oireachtas produced an Act which has the capacity to improve equality of opportunity for people with special educational needs. It may not be perfect and a lack of resources may hamper its provisions, but with political will it can effect change. It needs, however, to be implemented.

The Government should treat this Disability Bill in the same spirit. We will propose reasoned amendments to this defective Bill that has incurred opposition from every disability group in the country. I have their distilled response to the Bill in which they address ten key issues of concern to the members of the disability legislation consultation group.

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