Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)

The Minister referred to the legal provisions and other Deputies have covered the matter well. No Opposition Members or those in the disability sector — either providing services or those who are disabled — is denying that the Government has put additional resources into this area. The Government has the additional resources to put in, and it would have been an even worse scandal if it had not done so. The point is, however, to provide such resources as of right so that they will be there for the future. The Minister may cite the example of multi-annual funding and say that the Minister for Finance was very good to spend half his budget speech speaking about services for people with disabilities, but the Minister will not be there for ever. He will not be there in five years. He might not be there next year if the Taoiseach decides to change him, so we do not have guarantees in that respect. Ultimately, the disabled, those who work with them, their organisations and the Opposition are seeking guarantees of rights to ensure they will receive their just delivery of services. They must be treated as equal citizens in this State. We have already extensively covered the issue in our discussion of the first five amendments. In the opinion of the Equality Authority not only does the Bill not amount to additionality but its provisions could diminish and reduce existing equality provisions and protections with regard to direct and indirect discrimination, positive action, including a reasonable accommodation requirement, and employment and could reduce the provision of services as a result of a disproportionate burden test and the enforceability of these rights.

The authority is particularly concerned that the Bill creates tensions with existing equality laws in that it marks a move away from the inclusive non-hierarchical rights based model contained in equality legislation. It is specifically concerned that the decision to avoid a more inclusive definition of "disability" will result in the Bill's provisions not being applicable to everyone with a disability. It is a pity my attempt to include, though amendment No. 12, the definition of disability used in other legislation has been ruled out of order because it would address the concerns of the Equality Authority.

The Equality Authority is correct that the legislation creates a hierarchy of disabilities because its effect will be to reduce and diminish existing provisions. It will also be a source of confusion in the public sector. The authority maintains the provisions on access to buildings and services fall short of those already contained in equality legislation. This is the final opportunity for the Minister of State to change his mind and take steps to adopt a rights based Bill.

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