David Stanton (Cork East, Fine Gael)

I move amendment No. 31:

In page 9, to delete lines 32 and 33 and substitute the following:

"6.—The Minister shall—

(a) carry out a review this Act, in particular the definition of disability, within a maximum period of 2 years of operation or 3 years of enactment, whichever is the soonest,

(b) for the purpose of assisting him or her in making such a review under this section, consult any such organisations or representatives as he or she considers appropriate,

(c) where a review is carried out under paragraph (a) cause a copy of the review to be laid before each House of the Oireachtas and the changes proposed in the review shall not be made until a resolution approving the changes has been passed by each House.".

This amendment calls for a review of the Act, particularly in the context of the definition of disability, within a maximum period of two years of operation or three years after enactment, whichever is soonest. The definition of disability contained within this legislation has been subject to considerable criticism from all sides. This is important legislation which we hope will greatly improve the situation for people with disabilities. It would be shameful if people were overlooked by the Bill. Within a few years, the majority of Members will have moved to other portfolios. The Minister of State at the Department of Justice, Equality and Law Reform, Deputy Fahey, will have moved on. This House will change after a general election and the ensuing make-up will be unknown. An opportunity currently exists to include in this legislation a mechanism to review the Act and, in particular, the definition of disability.

The second part of the amendment concerns consulting appropriate organisations or representatives, which would happen as part of such a review. The final part calls for the review to be laid before each House of the Oireachtas. Legislation could not be changed before being approved by the Houses.

This amendment is important because the Bill may be flawed in its definition of disability. A number of years may pass before the opportunity arises to rectify the exclusion of people resulting from this definition. While amending legislation may be introduced during the interim, my amendment provides an opportunity to focus attention on this matter. The Bill, once enacted, will run for three years before a review is conducted. We would therefore have time to see whether the Bill works properly.

An issue also arose in terms of the funding envelope, which lasts five years. It is important that a review be conducted before the next round of funding comes on stream because that is when decisions are made. Having the review of the operation of the Act available when the next funding envelope is being decided will help direct the funding in an appropriate and focused manner. By this means, we could ensure that the legislation assists people who, owing to the definition, may fall through the net.

I hope the Bill will work and will not exclude people who need assistance. Many learned people have questions on the definition. I know the Minister of State is aware of these views. This is a new definition which has not yet been tested, although it forms part of the Education for Persons with Special Educational Needs Act 2004. Some claim that the definition is included to restrict the Act and exclude people. The Minister of State said that the definitions contained in the Equal Status Act 2000 and the Equality Act 2004 are different and have other functions. We will have problems if the function of this definition is to exclude people.

Will dyspraxia sufferers be covered by this legislation? Will the Minister of State explain to the House the blurring of the definitions of "illness" and "disability" in the Bill? Given that one could have a long-term illness, there may be an overlap which is where problems will arise. We will have to determine where illness stops and disability begins. We have already had references to people with multiple sclerosis and episodic conditions such as epilepsy. Many people are concerned about mental health in this context. The Minister of State has been recorded as saying — and he can correct me in a minute if I am wrong — that people with what he termed "normal depression" will not be covered by the Bill. Again, we see a blurring between illness and disability. It can be argued that people who suffer from depression have a disability under the definition in the Bill. We require clarity.

If we find in a few years that people are being omitted, we must have the facility to review and, if necessary, amend the legislation. My amendment achieves this while also making provision for consultation with organisations with an interest in and concerns about the definition set out in the Bill. I urge the Minister of State to reconsider the maximum period in which the House can review the operation of this important legislation. Time out of number, we have found legislation passed by the House to be imperfect. There is always a need to learn more and revisit provisions. Given the importance of the legislation, we must have a way to rectify it if we find it has the effect of excluding people. All Members are aware of the difficulty of introducing amending legislation. I have made my case as strongly as possible. It is important to review the provisions early.

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