Finian McGrath (Dublin North Central, Independent)

I strongly support amendment No. 32 which states that: "the Minister shall not later than 3 years after the commencement of this Act, carry out a review of the operation of this Act". It is a most important amendment that would add to the legislation. Not alone does it have the support of Deputy Lynch and the other parties and groups, it also has the support of the disability groups, especially disabled people themselves. In recent months we have spoken to them and have listened to them. I wish the Government had also listened to them. I accept that a series of meetings took place but I would like to see more listening on the part of the Government and the Minister of State. Amendment No. 32 is an important amendment.

From talking to disabled people in recent days, it is apparent that many of them are becoming cheesed off. They wonder if there is any point in amending the legislation and that perhaps it should be rejected in total. For what it is worth I will plough ahead. We will make our decision based on the product that appears at the end of the process. It is important to put on record that all the disability groups and disabled people themselves have major concerns about the legislation. They want us to strongly support amendment No. 32. I am very much in favour of a review being carried out. I spoke last week to some party colleagues of the Minister of State who supported this amendment. They said this to me in private so I will not declare who they are. They strongly urged those in Opposition to support this amendment.

Flaws and gaps already exist in this proposed legislation. I predict that if we do not provide for a review, major problems will appear later. It is important that we try to pre-empt this. In dealing with amendment No. 32, we are talking about the 8% of the population which comprises people with physical and intellectual disabilities. Their concerns are reflected in the amendment. There are also major concerns about the definition of disability.

In terms of services and rights for people with disabilities, I received a phone call from a parent of an autistic child on whose behalf I made representations to the Department of Education and Science four or five weeks ago, I was annoyed to find out that there has still not been any progress towards getting the child a school place next September. During the debate on the Bill in recent weeks, speakers referred to gaps in the provision of services, but what I have referred to is a disgraceful situation. The family of this autistic child is trying to get a guaranteed place in a school for their child. They are planning ahead. They are very creative and sensible people, yet they are getting all this grief.

The battle for rights goes on. When we use the term "rights" we should remind ourselves what we are talking about: our people, citizens, taxpayers, children, parents, friends and relations. It is not a grandiose term nor is it what some people see as an attempt to introduce soft, liberal, left phraseology into legislation. As I stated last week, we have an opportunity to do something for people with disabilities and it is important that we do so.

We should also reflect on the negativity that exists in certain sections of the community towards people with intellectual disabilities. Residents groups have lobbied against community houses being set up in some areas. These issues should not be taken lightly. Disabled people, especially those with intellectual disabilities, appear to get into difficulty in certain communities. I challenge politicians and those involved in residents groups who object to community houses being built. These houses provide an excellent service which we should all support. Amendment No. 32 proposes that a review should take place three years after the commencement of the legislation. Rights for people with disabilities mean the provision of services and the bringing of real meaning to the definition of the word "inclusion".

The legal eagles in the Department of Justice, Equality and Law Reform appear to believe that all the difficulties have been sorted out legally and constitutionally for the future. That is not the message we received over the weekend. I believe a number of legal experts in the native county of the Minister of State, Deputy Fahey, have stated that there could be trouble in future with the rights issue. They have expressed concerns about the legislation. I remind people about Article 34.1 of the Constitution. I also warn the Minister of State about Article 6 of the European Convention on Human Rights and also Article 42.4 of the Constitution which deals with appropriate education. Genuine concerns exist in regard to these issues. The Minister of State should accept amendment No. 32. It is progressive and adds teeth to the legislation.

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