Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)

I move amendment No. 1:

In page 5, lines 5 to 25, to delete all words from and including "ENABLE" in line 5 down to and including "INCLUSION" in line 25 and substitute the following:

"AFFIRM, PROTECT AND VINDICATE THE EQUAL RIGHTS OF PEOPLE WITH DISABILITIES, TO ALLOW FOR POSITIVE ACTION MEASURES TO ENABLE PEOPLE WITH DISABILITIES TO REACH THEIR FULL POTENTIAL, TO LIVE WITH MAXIMUM INDEPENDENCE, AUTONOMY, PRIVACY AND DIGNITY, AND TO PARTICIPATE IN AND CONTRIBUTE TO IRISH SOCIETY ON AN EQUAL BASIS, TO GUARANTEE A MINIMUM STANDARD FOR THE PROVISION OF DISABILITY-SPECIFIC SERVICES, TO GUARANTEE THE PROGRESSIVE REALISATION OF THE RIGHT OF EQUAL ACCESS TO ALL PUBLIC BUILDINGS AND SERVICES,".

Bhí mé ag labhairt ar an leasú seo ag tús na díospóireachta. Tá leasú uaim féin agus ceithre cinn ó Theachtaí eile, a bhí ag iarraidh leasú a dhéanamh ar an teideal fada ar an Bhille seo. Tá muid ag iarraidh cur ina luí ar an Rialtas gur ceist cearta í agus gur gá don Rialtas, sa chéad dul síos, meas a thaispeáint sa chuid seo den Bhille ar na cearta atá ann. Tá muid ag lorg cearta bunúsacha. Ní hé go bhfuil muid ag lorg acmhainní, maoiniú nó athruithe bunúsacha. Tá muid ag lorg cearta, agus, sa deireadh thiar thall, bhí an deis ag an Rialtas — agus tá fós — glacadh leis go bhfuil praiseach déanta aige suas go dtí seo de cheist an Bhille um Míchumais atá os ár gcomhair, gur dhein sé praiseach den Bhille deireannach, agus, fós féin, nach bhfuil muid tar éis an pointe a shroichint nuair is féidir liomsa — nó, glacaim leis, Teachtaí eile an Fhreasúra — glacadh leis seo mar Bhille um Míchumais, toisc nach bhfuil an Rialtas ag déanamh na rudaí bunúsacha a iarradh air a dhéanamh, is é sin, cearta a thabhairt dúinn.

The Sinn Féin position in a nutshell is that we support rights-based disability legislation. This Bill is not rights-based. It does not give any right to the disabled in our community. Even with the few amendments tabled and accepted on Committee Stage, this Bill is not good enough for the Government's disability legislative consultation group. It is not good enough for the dozens of disability representative groups that made submissions to the Joint Committee on Justice, Equality, Defence and Women's Rights and it is not good enough for me or my party. This legislation should never have made it this far. I urge the Government to reconsider and withdraw it. If it is unwilling to withdraw it, I urge it to adopt the amendment I have tabled to ensure that at least we come out at the end of this process with rights-based legislation.

When we talk about the need for rights-based legislation for people with disabilities, we are not talking about legislation only for the estimated 8.3% of the population, the approximately 325,000 people with disabilities, according to the Central Statistics Office, whom we want this Bill to look after. We are ensuring that not only they, but also all society and their future are looked after through this legislation. It must also look after their families, carers and service providers.

When we talk about rights-based disability legislation, we are talking about legislation that will benefit all society. Any of us could have a disabled child, grandchild, niece or nephew. Any of us could become disabled as a result of an accident, a late onset condition or, what we all face, old age. The same could happen to our parents or a loved one. Therefore, when we talk about rights-based disability legislation we are not talking about special rights for just the 325,000 or some of them. We are talking about equal rights for everybody so that we may never find ourselves in a situation where a physical, mental, intellectual, emotional or sensory condition causes us or our loved ones to be excluded from society and all the everyday abilities that non-disabled people take for granted.

We are talking about rights for all and my amendment seeks to change the Long Title of the Bill to reflect that. I want to include in the Title the affirmation, protection and vindication of equal rights for people with disabilities, to allow for positive action measures to enable people with disabilities to reach their full potential, to live with maximum independence, autonomy, privacy and dignity, and to participate in and contribute to Irish society on an equal basis, to guarantee a minimum standard for the provision of disability-specific services, to guarantee the progressive realisation of the right of equal access to all public buildings and services.

This is just the start of what we want and does not include all the amendments we hope will be adopted. I hope the Minister of State will accept this amendment. The Minister for Justice, Equality and Law Reform's argument that disability rights somehow undermine the rights of others simply cannot withstand logical scrutiny. It is little wonder that the Government's attempts to defend its approach on Second and Committee Stages were weak and made little sense. The Government has been trying to defend the indefensible.

Almost a decade has passed since the Commission on the Status of People with Disabilities, which was chaired by Mr. Justice Fergus Flood, recommended the introduction of a disabilities Bill. He hoped that such a Bill would outline the rights of people with disabilities and specify a means of redress for those who are denied their rights. Such matters are not included in the Bill before the House, but amendment No. 1 is the first in a series of amendments designed to correct such omissions. The ninth recommendation in the commission's report, which established the benchmark against which Deputies should judge this legislation, stated that any disabilities legislation "should outlaw all discrimination against people with disabilities and should require public and private bodies, employers and educators to make reasonable accommodation to meet their specific needs".

The Human Rights Commission and Amnesty International have reminded Deputies that we need to meet Ireland's international obligations as we frame this legislation. The Minister of State and the Department of Justice, Equality and Law Reform have failed to meet such obligations in this legislation, which does not give any status to the rights which flow from Ireland's international obligations. The Human Rights Commission has reminded us that the relevant human rights standards are outlined in the International Covenant on Economic, Social and Cultural Rights, the European Convention on Human Rights and Fundamental Freedoms and the Revised European Social Charter.

The Human Rights Commission has listed the main requirements of international human rights law which are relevant to the Disability Bill. Opposition Members have tried to meet those requirements in amendments like amendment No. 1. The commission has argued that the provision of disability specific services "must be effectively centred on an individualised assessment of needs". It has clearly stated that "mechanisms for the allocation of funding and the provision of services must effectively guarantee the progressive realisation of the economic and social rights" of people with disabilities. According to the commission, "the human rights of persons with disabilities must be the paramount consideration in the rationalisation of resources and services".

The Human Rights Commission has said that mechanisms for the allocation of funding and the provision of services should "guarantee that basic standards of services never fall below a floor" that is "consistent with the imperative of human dignity" and human rights. The commission has said that disabilities legislation "must provide effective remedies in terms of enforcement", based on "fair and independent" procedures. It added that the State's obligations "extend to ensuring that the proposed systems provide equal participation in society for persons with disabilities".

When I was preparing to table my Report Stage amendments, I read the Human Rights Commission's criticisms of the Bill. The commission stated that "the proposed system of funding under the Bill affords service providers a wide discretion to deviate from the provision of resources identified as being required by persons with disabilities". After I had completed my list of amendments, I noted that the commission stated:

The most important issue in addressing those needs is the putting in place of adequate funding and the provision of services which guarantee—

(i) the 'progressive realisation' of the economic and social rights of persons with disability; and

(ii) that standards of services never fall below a floor of core minimum standards consistent with the imperative of human dignity.

The commission is urging Members of the Oireachtas "to ensure there is a presumption in favour of providing the necessary resources except in exceptional circumstances". The commission has argued that the current Disability Bill does not guarantee the progressive realisation of rights or core minimum provision. The Bill does not explicitly state that nothing in it will diminish the existing rights of people with disabilities, under the European Convention on Human Rights Act 2003 or other equality legislation.

The Human Rights Commission "recommends that the definition of disability contained in the Bill should be amended to reflect international standards" and should be inclusive rather than exclusive. It is concerned that the assessment process is not sufficiently independent, that there is no reference in the Bill to services "as of right" and that there is no presumption in favour of the progressive realisation of rights. It is concerned that the proposed appeals procedure creates a number of obstacles to "effective and reasonable access to remedies". In particular, the commission feels that "the general exclusion of court proceedings" violates international standards of justiciability. I have tried to remedy some of these problems in amendment No. 1.

The Human Rights Commission has also argued, based on international law, that there is an "imperative for a rights-based approach". It has made clear that "there are basic levels of services which must be guaranteed by the State". It believes that there is a right under international law to the "progressive realisation of rights and the right to certain basic levels of services", including an unqualified right to an independent assessment of needs. The commission has warned that if such rights are not upheld Ireland could end up in the same boat as France, where little progress has been made by people with disabilities despite the enactment of disability legislation as long ago as 1973.

See this speech in context