Dáil debates

Tuesday, 19 April 2005

Disability Bill 2004: Second Stage (Resumed).

 

7:00 pm

Photo of Frank FaheyFrank Fahey (Galway West, Fianna Fail)

——even relatively minor impairments such as the need for glasses to read or having a birthmark. Deputies have mentioned some aspects of the definition about which they are concerned. I will be happy to discuss in more detail any specific perceived difficulties on Committee Stage. I am open to considering amendments in this respect.

Many Deputies have called for a clear right to an independent assessment of need. I assure the House that the Bill provides for an independent assessment of need to anyone who considers that he or she may have a disability, following an application to the Health Service Executive. I assure the Deputies who disputed that fact, that there is no question but that an independent assessment of needs will be provided.

Last September, the Taoiseach announced that a dedicated group had been established within the Health Service Executive, which will look at what needs to be done to implement the Disability Bill in the health sector. The group is working to develop a sensible programme of action to implement and underpin the delivery of Part 2 and I am keeping in touch with progress on this important task. I am satisfied that a good process will be put in place which will not be bureaucratic. It will be user-friendly and in the interests of people with disabilities. The Health Service Executive is currently doing significant work on this issue. The House will be satisfied with what emerges on Committee Stage.

Deputies have referred to a gap between the service needs identified in the assessment report and the services committed to in the statement of need. Some have called for the Bill to include a statutory review mechanism that would support full delivery of assessed needs over time. The Bill provides individuals with a right to the contents of a service statement that will outline the services to be provided. The Bill allows for an amendment of the service statement by a liaison officer where there is a material change in the person's circumstances. This would include, for example, an enhancement of the service statement when a new service becomes available.

The Cabinet committee on social inclusion had already considered this point when it was raised by the DLCG with officials in the early part of 2004. The Cabinet committee's response had three elements. First, the legislative proposals were amended to provide for a periodic review of each service statement and, as a result, section 20 allows for the making of regulations for this purpose. Second, a systemic response was elaborated, which is contained in section 12. It involves identifying both levels of assessed needs and related service availability, so that hard information will now underpin service planning to ensure future provision. The third element involves the growth in provision so that much needed extra services are put in place. The multi-annual investment programme announced in the budget supports that third element.

Since the Government came to office in 1997, there have been notable milestones in the policy for people with disabilities, including equality legislation, mainstreaming and, most recently, the national disability strategy. In the short time available for my reply, I can only touch on some of the major issues raised in the debate. Given the serious and lengthy debate on Second Stage, I know I can expect a variety of proposals for amendments on Committee Stage.

There are significant differences in some instances between Government policy and the proposals of Opposition speakers. These differences are also reflected in the submissions from interest groups, such as the DLCG and others. I look forward to exploring in a focused way the range of important points to be raised on Committee Stage when I will be open to having a full and frank discussion. I will also be open to considering Opposition amendments in addition to tabling Government amendments. I thank Deputies who have already submitted proposed amendments through the Bills Office. I assure Deputies that we will consider them and I hope some of their proposals can be accommodated by way of Government amendment.

Many representations have been made by people with disabilities and by disability groups. My Department is determined to ensure that this Bill is the best possible legislation to provide a substantial range of rights for people with disabilities. Through a multi-annual investment programme, it will provide such people with the adequate services that we all accept they have not had in the past.

Major progress has been made in recent years through the provision of significant additional resources. In the recent budget the Minister for Finance introduced, a multi-annual programme made major increases available through the various Departments to implement improved policies for people with disabilities. I have specific responsibility in this area and along with the Government will do everything possible to put through a Bill which will be satisfactory to the vast majority of people here who have people with disabilities at heart.

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