Frank Fahey (Galway West, Fianna Fail)

I am using the example of clinical depression, which is treatable and curable. It is not, and was never intended to be, included in the definition of disability. Clinical depression is not a form of disability, whereas the more continuous forms of mental illness, such as those I have mentioned, are disabilities according to the definition. We have widened the definition to ensure that no issue will arise in this respect.

I have dealt with the issues raised by Deputy Lynch in great detail on Committee Stage and do not intend to revisit the debate. I have explained, as well as I can, what is involved in respect of the issues she raised. She gave the example of a person who is able to participate fully in life and implied that he would not be covered by the definition. He would be covered because he still has a disability. The person in question is participating fully in life — we all admire him for this — but he still has a disability in that he is blind. This includes him in the definition and there is no argument about that. I do not know how many times I will have to explain that conditions such as his are covered by this legislation.

We have been most anxious to respond to the points made by the Deputies and have done so to the greatest extent possible. On Deputy Finian McGrath's points, there will be lawyers who will want to find this Bill unconstitutional. Some lawyers earn a great deal of money in this way and good luck to them. Some lawyers surprised me in that they earned much money by giving advice to disability groups. If they were genuinely interested, they would surely have provided their services free of charge.

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