Denis Naughten (Longford-Roscommon, Fine Gael)

I welcome the opportunity to speak on amendment No. 3 moved by my colleague, Deputy Stanton. Sadly the Bill and the definition in the introduction of the Bill are fatally flawed. That is disappointing because we had all hoped this draft of the Disability Bill would succeed where the previous Bill fell down — it left us with a situation whereby people had to go through the courts to vindicate their rights — but that has not happened.

The other speakers are correct in stating that the only right in the legislation is a right to an assessment. It is pointless to have an assessment if the resources are not there to deliver upon it. Implementing the recommendations of an assessment is solely dependent on the resources that will be made available and even though the right to an assessment is set out in the legislation, the assessment is also resource dependent. That causes significant frustration among people who had hoped their rights would be vindicated through this Bill.

To copperfasten that difficulty, there is another aspect of the Bill which makes the current position worse. Up to now a person could go to the courts to vindicate his or her rights but under this legislation that right will be taken away. A person cannot take the Government to court over the lack of implementation of an assessment and because of that the Title of the Bill is flawed.

I am glad that Deputy Stanton raised the issue of the Title of the Bill. He is correct that it turns the table and states to a disabled person that it is his or her fault for being disabled in the first instance. The Minister of State needs to examine that as I know that is not his intention. I ask him to seriously consider Deputy Stanton's amendment on that basis. None of us wants to insult anyone with a disability. People with disabilities do not seek charity.

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