Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)

I will speak to amendments Nos. 7 and 10 and make some general comments on the group of amendments. This is the first instance of a reference to the circumscription of services. Under Part 2, only the Minister for Health and Children and the Minister for Education and Science can make orders allowing a person to be the subject of an assessment of need and only for health and education services. I am opposed to this patronising, medical approach. It does not acknowledge or reflect the reality that people with a disability are routinely excluded by design from much more than health care and education services. They are excluded from the work place, independent living, transport, communications and participation in many aspects of life that non-disabled people take for granted. These structural impediments are obstacles to their full inclusion on an equal basis. Therefore, disability specific services, which should be provided on the basis of need and as of right, constitute much more than could be appropriately provided by the Minister for Health and Children and the Minister for Education and Science.

I propose the deletion of section 1(3) and the reference to it in section 1(2). The formulation reflects the Government's view that the only services people with disabilities truly need and, therefore, should be assessed for can be provided by two Departments. I disagree with this. As the disability legislation consultation group has pointed out, disability-specific services that people with disabilities should have a right to are those which enable them to participate fully, as equals, in society and that maximise their ability to live their lives as independently as possible to their full potential as equal citizens: housing, training, employment support, transportation, access to communications and a range of other things that have nothing to do with health or education.

The whole tone of the Bill is that people with disabilities are dependent on who needs to be cared for. We all must recognise people with disabilities as people with equal rights who are being prevented from exercising them by a society that is exclusive by design. This Bill does not recognise that and continues to patronise them. That is why my amendments seek to strike out the words "Subject to subsection (3)" and section 1(3) itself.

The whole point of the recommendation that the legislation should assert the right of people with disabilities to an independent assessment of need is that such an assessment must be made independently of service providers, the Health Service Executive or the Department of Education and Science with their inevitable organisational and financial constraints. Otherwise the assessment will not reflect the individual's true needs and, therefore, will only become a statement of what is currently available to the person. That is not good enough.

We oppose the Government's entire model for the assessment and appeals process and that opposition starts with section 1, which is why I have tabled amendments and support the other amendments we are discussing. We must address this now rather than making minor changes further on in the Bill. The Ceann Comhairle has ruled out many of my other amendments on this principle and I am forced to press this amendment because it is important that we ensure that the responsibilities of other Departments and the Government appear at an early stage in the legislation.

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