Jerry Cowley (Mayo, Independent)

I am grateful for the opportunity to speak on these amendments which state strongly what needs to be in the Bill and what is lacking, namely, the equal right of people with disabilities to be guaranteed services. The amendments tabled by Deputies Ó Snodaigh, McGrath, Lynch, Stanton and Murphy go to the core of what is lacking in the Bill. This Bill could more easily be called the resources dependent disability Bill. There is every sort of weave and dodge to try to ensure that the Government does not have to make the necessary commitment to ensure people with disability have some chance of a normal existence.

The rejection of these amendments flies in the face of what the Taoiseach and Tánaiste have said in their speeches regarding disability. The Taoiseach stated that he wanted a disability Bill that was the best in the world and the Tánaiste talks about supporting and reinforcing equal participation in society by people with disabilities. I ask the Minister of State, Deputy Fahey, to accept the amendments because they represent what the Bill is about.

People with disabilities strongly state that the Bill was thrown out in 2002 for the very reasons that these amendments attempt to address. There should be a right to services and an obligation on the Government to ensure that if somebody has a disability they have the right to access the services they need. The Government is giving the wrong message in rejecting these amendments. Everybody thought it would be third time lucky, but people are very concerned about the outcome. There is a feeling that the entire Bill should be thrown out once again. There would have been no shame in doing so considering the Government is going back on its promises. It went to the trouble of setting up the DLCG as a consultation forum in which to identify all of the issues that should be included in the Bill. I cannot understand why the Government went to the trouble and expense of setting up such a forum and then did a complete volte face and denied everything that was clearly outlined by the forum. People were consulted and they had high hopes. The Government has a case to answer for letting down the people who thought it would help them and who elected it to do the job. People will remember if these amendments are not accepted because they have been clear in their views.

There is a complaints system in place but it must be simplified and made more accessible. On the appeals system, there is a right to an assessment but once the assessment is complete there is no right to services. That is leading people up the garden path, so to speak. We are telling them the services they should have yet there is no obligation on the Government to provide them. The Government has every reason, be it political or financial, to decide a person would not get those services. That is not the type of society we want or the one everybody felt would be created with the introduction of a proper Disability Bill.

The Bill must clearly ring-fence disability specific resources. These amendments would go some way towards doing that but that will not happen. We have had much talk about mainstreaming disability services and disability proofing legislation and Departments but a recent survey showed that only 60% of Government buildings had proper accessibility for disabled people. Without a clear statutory duty on all Departments and public bodies to include people with disabilities in their plans and services, with appropriate monitoring and accountability, this Bill accounts for nothing. These amendments would have been the way forward. Public services should include all those provided in the public system by statutory or non-statutory instruments. The Bill does not take account of the wider needs of people with disabilities.

People with disabilities need housing, health services and all the other services, which they are not guaranteed in the Bill. If they have a problem with the assessment of needs, there is no proper appeal system in place for them.

Clarity is needed on the impact of the Disability Bill and on section 14 of the Equal Status Act. There is a need for Government to re-examine this issue. The Government has done a gross disservice to disabled people and to itself. Some might cynically say the Bill is a way of stopping further cases being taken such as the Sinnott case, which was the only means whereby disabled people could get the services they needed. It is a terrible indictment of Government that disabled people have to go to such an extent. The only appeal available now will be on a point of law, which is not acceptable. I strongly support these amendments.

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