Dáil debates

Tuesday, 24 May 2005

Disability Bill 2004: Report Stage (Resumed).

 

5:00 pm

Photo of Aengus Ó SnodaighAengus Ó Snodaigh (Dublin South Central, Sinn Fein)

I support this amendment. It is similar to one I had tabled but was not present in the House to move. It has the same purpose, namely, to call for a review, especially a review of the definition of disability which has been a bone of contention with most of the groups that have made recommendations to amend the legislation to make it a rights-based Bill, which so far is not the case and it is unlikely at this stage that it will so become. If the Minister of State were to accept the amendment, it would give us hope that we could revisit some of the major wrongs that are part of the current wording of the Bill. It would also provide an opportunity for us to revisit the definition of disability and bring it more into line with that in our equality legislation which is inclusive rather than exclusive and therefore encapsulates that under which most people who suffer with disabilities wish to be covered.

I tabled an amendment which was in line with the definition of disability which appeared in the equality legislation. Amendment No. 12 was disallowed because it would place a cost on the Exchequer. The cost would not have been disproportionately greater than that to which the legislation will give rise and it would have meant that we would have an inclusive definition of disability which took account of all disabilities and allowed the services to flow from it which were appropriate to those disabilities. Not all disabilities are the same. The same level of services and resources are not required by everyone with a disability. It would have been preferable if the broader definition had been taken on board, which has not been the case up to now, but it could happen if the Minister of State were to accept amendment No. 31. I urge him to take on board the time period proposed by Deputy Stanton and Deputy Gerard Murphy. Deputy Lynch's amendment would have the same effect.

I recognise that the Minister of State has allowed an amendment in the past for a review of portions of the legislation after five years. That was a welcome improvement but I want him to go further and adopt these amendments to ensure that the fundamental flaws identified by the disability legislation consultation group regarding the absence of adequate provision for a review of this Bill are addressed. These amendments go some way towards addressing that flaw. It would be a good day's work if we managed to address that part and it would reflect that the Minister of State was in good humour this week and was willing to listen to what the Opposition proposed.

As I said on the two occasions on which we discussed this Bill, it would bring the proposed legislation more in line with rights-based legislation rather than legislation that is dependent on the whim of the Minister for Finance. The amendment provides the Minister with the opportunity to begin to rein in the Minister for Finance.

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