Dáil debates

Tuesday, 24 May 2005

Disability Bill 2004: Report Stage (Resumed).

 

5:00 pm

Photo of Frank FaheyFrank Fahey (Galway West, Fianna Fail)

The objective is to provide those services, not to provide rights. The provision of rights does not guarantee that services will be provided.

The Opposition is being a little disingenuous in respect of this amendment. Following what was said on Committee Stage, I introduced an amendment to allow for the review of the operation of the legislation within five years of its commencement. In setting that five-year timeframe, I decided to link the timing of the review with the end date for the multi-annual investment programme in 2009. That was in response to the very cogent points that were made by Members and also by the DLCG.

Amendments Nos. 31, 32 and 199b would require a review within three years. As I pointed out on Committee Stage, the legislation, as amended, would allow the review to take place not later than five years after its commencement. I was being specific by including the term "not later than five years" to address the point being made by Deputy Lynch, namely, that the review, if it is felt necessary, should start within three years.

I do not know why there is such concern. I have responded magnanimously to the proposal made on Committee Stage. I am satisfied that I have responded adequately in settling on the wording of the amendment, which states the review must take place not later than five years from the commencement of the Act.

A number of other issues were raised which we dealt with in great detail on Committee Stage. I do not intend to address them again in detail but I will certainly furnish what I have already said to the Deputies concerned. Let us consider, however, two points that were made, one by Deputy Stanton on the definition of mental illness and episodic illness. We have widened the definition to ensure that all forms of disability, including mental illness, are covered. The Deputy referred, for example, to depression. Clinical depression, which is curable medically, is not included in the definition of disability, whereas continuous forms of depression, including bipolar depression and schizophrenia, are covered. It is as simple as that and there is no rocket science involved.

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