David Stanton (Cork East, Fine Gael)

I move amendment No. 4:

In page 5, line 30, to delete "Disability" and substitute the following:

"Assessment and Services For People with Disabilities and Miscellaneous Provisions".

The amendment arises from Committee Stage proceedings. It tries to describe the Bill in a more accurate way and to focus on what the Bill should be about, namely, the needs of people with disabilities. However, people are not referred to in the Title of the Bill, although they are referred to in similar legislation throughout the world. The Short Title, "Disability Bill 2004", does not really mean anything. I propose to change the Title to the "Assessment and Services For People with Disabilities and Miscellaneous Provisions" Bill, because the Bill is an assessment Bill which also purports to provide services.

Some parts of the Bill should be dealt with in separate legislation, for example, the areas dealing with genetics and the centre of excellence, and Part 7, the miscellaneous part, which deals with broadcasting, covenants in leases and so on. The Title should be more accurate so those referring to the Bill know what it is about. The Title "Disability Bill" does not clearly convey what the Bill should contain, purports to contain or does contain. We have a disagreement with the Minister as to how the Bill will operate when it is finally enacted.

The Education for Persons with Special Educational Needs Bill was the last Bill to deal with the needs of people with disabilities. In that case, the relevant Minister agreed to change the title of the Bill because he took on board the argument that the new Title better and more humanely reflected what all Members of the House were endeavouring to achieve. The phrase "Disability Bill" is too bland and does not convey clearly enough what the Bill should do. The Title should be changed to open it up and to emphasise that the Bill deals with assessment and services for people with disabilities.

When we talk about disability, we must move away from the old medical model of disability. It was pointed out earlier in the debate that the Long Title includes that old model; it serves to blame people with disabilities for having disabilities. We must move through a social model to a human rights model, which is what the Bill should try to achieve. People with disabilities are citizens of the State, the same as everybody else. They should have a right to services and supports to enable them to live the best quality of life possible with the impairments they have.

However, while that should be the underlying philosophy of the Bill, unfortunately, it is not. The Bill reminds me of the film title "The Empire Strikes Back". The previous Bill, the Education for Persons with Special Educational Needs Bill, was struck down on the eve of an election because it was flawed, following a campaign against it. The Government of the time got windy and pulled the Bill. Now, the empire strikes back, and those who will suffer are people with disabilities.

The end-users have already walked away in disgust, despair and disappointment. The Minister failed to keep them together and the disability legislation consultation group, which was established by the Government, has fallen apart because the Bill focuses on resources not people. The Long Title is all about resources and protecting the State. It is the only Bill that so blatantly focuses on this area, while the other Bills I referred to have a different focus.

I accept that every Bill will contain sections stating that expenses will be sanctioned by the Minister for Finance and approved by the Oireachtas. However, while there is no need for it, the Bill goes out of its way, time and again, to refer to the protection of resources. The Bill is not about people; it is about protecting the State and the Government, as the Minister said, from the Four Courts. It is not about providing services or supporting people but the opposite. The Bill will make things worse for people with disabilities when it is enacted.

The Minister and Fianna Fáil should be ashamed to stand over a Bill such as this. They have not listened to people with disabilities, the end-users. Progressive Democrats Members did not even think it worth their while to speak on the Bill on Second Stage, apart from the Minister of State, Deputy Parlon, who came to the House to heckle.

See this speech in context